Does divorce occur for one who says to his wife, "By divorce" in jest and not intending to swear an oath?
If you did not intend to utter a divorce and the words came out involuntarily, then the divorce does not take effect, based on the words of Allah Almighty: "And there is no blame upon you for that in which you have erred, but [there is blame for] what your hearts intended." And idle talk (laghw) applies to an oath of divorce just as it does to other oaths. So, whoever swears an oath regarding something he believes to be true, then it turns out to be mistaken, his divorce does not take effect.
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- Original fatwa ID
- 165566
- Imported
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- Source text, unreviewed
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