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The question

Does a man's saying to his wife, "You are divorced," as a joke constitute a divorce, especially if his wife did not hear him, and she was menstruating, and he did not intend divorce by it? And is her return (to him) valid through foreplay and intercourse and his saying to her, "You are my wife"?

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

A divorce uttered explicitly, even in jest, is effective, due to the prophetic tradition: "There are three matters, whose seriousness is serious and whose jesting is serious: marriage, divorce, and revocation." The divorce of a menstruating woman is valid according to the majority of scholars. Therefore, your divorce of your wife counted as one divorce, if you did not intend repetition but rather intended to make her hear it or to confirm the first divorce. The revocation occurred through your intercourse with her before the expiry of her iddah. You do not owe expiation, but one divorce has been counted against you. So, beware of joking about divorce.

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Ftawy
Original fatwa ID
163503
Imported
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Source text, unreviewed
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