Does divorce take effect if a husband tells his wife, "You are divorced," as a joke and without intending divorce?
Scholars differ on the occurrence of divorce uttered in jest. The majority hold that it occurs, citing the narrated by Abu Hurayrah (may Allah be pleased with him) that the Prophet (peace be upon him) said: "There are three things which, whether done seriously or in jest, are to be taken seriously: marriage, divorce, and رجعة (taking back one's wife after a revocable divorce)." Their reasoning is that one who jests intends the utterance but not its legal consequence, whereas the Lawgiver links the ruling to the discretionary action of the accountable person.
Others hold that divorce uttered in jest does not occur, arguing that only the utterance was intended. However, the majority refute them by stating that this hadith serves as proof, and that adopting the view of non-occurrence would open the door for every divorcer to claim lack of intent. The correct view is that it does occur, and it has an educational benefit, which is to curb those who toy with divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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