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The question

Is it considered permissible (halal) or forbidden (haram) for a man to divorce his wife in front of a judge and witnesses, while not intending the divorce, and for them to continue living together as husband and wife?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If you pronounced the divorce in front of the court and witnesses, then the divorce takes effect, whether you intended it or not, because the Prophet, peace and blessings be upon him, said: "There are three matters whose seriousness is serious and whose jest is serious: marriage, divorce, and رجعة (returning to one's wife after a revocable divorce)." Scholars have agreed that a clear pronouncement of divorce by a sane, adult person holds him accountable, and his saying that he was joking does not benefit him. If this was the first or second pronouncement, then your cohabitation with your wife with the intention of continuing the marriage is considered a رجعة, and she is now your wife.

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Ftawy
Original fatwa ID
34144
Imported
Translation status
Source text, unreviewed
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