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The question

Does divorce take place in jest, and what is the ruling on a husband who said to his friend in jest: "I accept" to sell my wife for your phone, and is the statement of the wife's family to her: "You are divorced according to our madhhab, the Maliki madhhab" valid?

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

Joking about selling one's wife is abhorrent and contrary to Sharia. The Maliki school of thought differed on whether divorce occurs through such an act. Some held that an irreversible divorce occurs, while others maintained that it does not. The majority of jurists are of the opinion that divorce does not occur through such joking because the word "selling" is not an explicit term for divorce, and the one joking did not intend divorce. Some scholars even explicitly stated that divorce does not occur through it, even if the husband intended it, because it does not entail the meaning of divorce; rather, it is an exchange. Therefore, the wife is not divorced, and one must repent from such joking.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
173699
Imported
Translation status
Source text, unreviewed
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