Jokingly saying divorce
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One
of our brothers/sisters has asked this question:
JazakAllah
for your fast response one more question onetime i joked to my wife "im
leaving you forever" it was like immitating a movie or play acting but it
was more like immitating a death scene, i never had intention of dvorce. did
what said constitute dvorce"
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Answer:
Jokingly saying
divorce
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
Sahih
Al-Bukhari Hadith 1.1 Narrated by Umar bin Al Khattab
I heard Allah's Messenger (saws) saying, "The reward of
deeds depends upon the intentions and every person will get the reward
according to what he has intended.”
Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah
The Prophet (saws) said: ‘There are three
things which, whether undertaken seriously or in jest, are treated as serious:
Marriage, divorce and taking back a wife (after a divorce which is not final).’
If the husband merely says or declares that ‘I am leaving
you forever” unto his wife, absolutely regardless of how many times the husband
may say such a thing, it is merely an utterance from his mouth for an
‘intention’ to divorce without actually stating ‘I divorce you’ does not
constitute a legal declaration of divorce in the Sight of Shariah Law and of
Allah Subhanah.
But if the husband were to say to his wife words to the
effect of ‘I divorce you’….absolutely regardless of whether the husband uttered
this declaration in jokingly, in anger or in jest, it would constitute a legal
declaration of divorce between the couple in their marriage.
If you have not intentionally uttered the word divorce to
your spouse then no divorce will have been pronounced. By saying anything else
unintentionally does not constitute a divorce.
Having said this it is advisable not to utter anything
that is remotely similar to divorce, even in jest or in anger, so that you will
have no doubts and can live a happily married life. By this you will be saving
yourself from the trials related to this serious offense concerning divorce.
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is only ones.
Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,
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