Is a wife considered divorced after her repeated joking about asking for a divorce, and the husband's anger and swearing to divorce her by saying: "By God Almighty, if you repeat that, I will divorce you," or "You are divorced"?
Divorce pronounced in jest is valid according to the majority of scholars, based on the Prophet's (PBUH) saying: "There are three matters, serious when serious, and serious when in jest: marriage, divorce, and reconciliation." The wife erred by jokingly asking for divorce, for it is not permissible for a woman to seek divorce except for a valid reason. The husband also erred by hastily uttering the divorce. If the husband said: "By Allah Almighty, if you repeat that, I will divorce you," and the wife did not repeat her request, then nothing is incumbent upon him. However, if he said: "By Allah Almighty, if you repeat that, you are divorced," and she did not repeat her request, then the divorce does not occur because it is contingent upon a condition. Some scholars hold that a conditional divorce intended as a threat does not take effect, but an expiation for a broken oath (kaffarat ) becomes obligatory. The presumption is the validity of the marriage until its dissolution is proven.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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