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The question

Does divorce occur if a man jokingly says to his wife, "I will deprive you of my inheritance because you are annoying," without intending divorce, and does the Hadith "There are three matters, serious when serious and serious when in jest" apply to this?

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

A man's statement to his wife, "You are qaliq (anxious/worried)" is neither an explicit divorce nor one of its allusive phrases. However, according to some scholars, it counts as a divorce if the husband intends it at the time. This is considered one of the subtle allusive phrases for which a divorce takes effect if he intended it, otherwise not. As for the hadith: "There are three matters whose seriousness is serious and whose jest is serious: marriage, divorce, and revocation [of divorce]," it specifically applies to explicit divorce pronouncements. So, if a man tells his wife, "You are divorced," whether in jest or to frighten her, the divorce takes effect. As for allusive phrases, divorce does not take effect by them except with intention. One must be cautious about using divorce pronouncements due to the consequences that arise from them.

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Ftawy
Original fatwa ID
11333
Imported
Translation status
Source text, unreviewed
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