Said jokingly to his friend that he is divorced

16-12-2010 | IslamWeb

Question:

you asked me to include my previous question in order to give a final answer Im asking this question because that one day at work when i was being silly wth a freind i joked that if people ask if i am married just say im divorced,, ( though i didnt realise the severity of the joke at the time) aftewards i read on the net that even joking about the issue could cause divorce to be in effect. so i told my wife about this on the phone as she was abroad at the time, trying to get her visa for UK, and she said it doesnt matter. and i told her i loved her and that she is my wife over the phone in case a ruju is needed. I wanted to know By me saying this joke was this a form of kinaya(allusive) or clear (sarih) type of divorce. I want to know clearly .when i said this bad joke i had no intention of Divorcing my wife. please let me know as im really worried. you asked me to include my previous question in order to give me a final answer, my previous question was before i made the bad joke about divorce i was not sure if my marraige was conssummate but this could just be doubts as i did enter her but i dont know if it was enough deemed as conssummated as i had some sexual problems. but having said that i was in khalwa with her prior to the bad joke

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

What you said to your friend is not a clear statement of divorce and you did not intend divorce by saying it, therefore, divorce did not take place and there is no need for you to take your wife back in the bond of marriage [as she is still your wife].

It should be noted that it is very serious to let oneself go along with the whispers; so you should avoid them and you should avoid joking in matters of divorce because if divorce is said in jest it becomes effective in the same way as if it is said seriously. Abu Hurayrah  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “There are three things which, whether undertaken seriously or in jest, are treated as serious: marriage, divorce and taking back a wife (to marital bond) after divorce (which is not irrevocable).” [Abu Daawood, At-Tirmithi and Ibn Maajah]

Also, it should be noted that if a husband has sexual intercourse with his wife (before consummating the marriage), then this is considered as having consummated the marriage with her; this makes her entitled to her dowry and she has to observe her waiting period and so forth. Even if the husband stayed in valid seclusion (i.e. the doors were locked and the like) with his wife without having sexual intercourse with her, then this seclusion takes the same ruling as having consummated the marriage with her as we clarified in Fatwa 86187.

Allaah Knows best.

www.islamweb.net