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The question

What is the ruling regarding a man divorcing his wife in jest and without intending it, and does this divorce take effect, and is it counted as a single divorce? What is the ruling regarding the wife remaining with him a year after this incident? And does reconciliation occur through touching her, kissing her, or engaging in sexual intercourse with her without the intention of reconciliation?

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

An explicit divorce takes effect even if the husband did not intend it. Divorcing a wife before consummating the marriage ends the marital relationship, and she cannot be taken back except with a new contract and a new mahr. Any intimacy that occurred before the new contract is a sin that requires repentance. In this case, the child is attributed to the husband. As for divorce after consummation, it is permissible to take the wife back before her ends, and this is valid through intimacy with the intention of reconciliation according to some scholars.

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Ftawy
Original fatwa ID
112398
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