Does divorce occur if someone jokingly and unmindfully says, "Ahmad divorced his wife," and another person affirms it by saying, "Yes," while the wife is absent?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The husband's affirmation of divorcing his wife is considered an enforceable divorce, even if he was joking or if the wife was absent; this is because intention is not a condition for the acknowledgment of divorce. If this divorce is the first or second, and the wife's waiting period ('iddah) has not expired, the husband may take her back (raj'ah). If the 'iddah has expired, then the marriage contract must be renewed with all its pillars. However, if this divorce is the third, she is not lawful for him until she marries another husband willingly and he consummates the marriage with her, and then he divorces her.
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 94083
- Imported
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- Source text, unreviewed
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