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What is the Shar'i ruling regarding a husband's jocular statement to his wife, "You are pregnant, therefore you are divorced," knowing that he does not intend divorce, and his wife is not pregnant, and the marriage has not yet been consummated? Does this divorce take effect? If it does, is it a revocable divorce that allows the husband to take back his wife verbally, or does it require a new contract, dowry, and the guardian's permission?

1 min readAlso available in العربية

This wording from the husband is a divorce conditioned on pregnancy, and a conditioned divorce, according to the majority of scholars, takes effect whether the condition is met or not. Some scholars, however, are of the opinion that it does not take effect if the condition is not met. Therefore, as long as you are not pregnant, the more preponderant view is that the divorce does not take effect upon you. The husband is advised to avoid uttering words of divorce even in jest, and divorce before consummation (Dukhool) and valid seclusion (Khalwa Sahihah) is an irrevocable divorce (Talaq Bain) in which the husband does not have the right to take his wife back (Raja'ah).

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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