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What is the ruling on divorce uttered in jest without intention or will, during the period of the marriage contract (kitab al-kitab)?

1 min readAlso available in العربية

The scholars have agreed that whoever divorces his wife in jest, using an explicit utterance, their divorce takes effect, even if they did not intend it; this is based on the Prophet's (peace and blessings be upon him) saying: "There are three things which, whether done in earnest or in jest, are treated as serious: marriage, divorce, and رجعة (taking back one's wife after a revocable divorce)." So, if you divorced the woman you had contracted upon, using an explicit utterance, the divorce has taken effect. If this was before consummation, it is an irrevocable divorce (طلاق بائن), and she is not permissible for you to take back except with a new contract, with her consent, and with a guardian, witnesses, and a dowry.

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