The ruling on the one who says to his wife, “You are divorced,” while intending to deter her, not to divorce her
Machine translationRead the Arabic original
Question:
May Allah reward you and benefit through you. This questioner, Rashid Muhyi al-Din, a Bengali resident of Riyadh, sent a number of questions. In the first of them, he says: If a man says to his wife, “You are divorced,” and intends by that to deter her, does the divorce take effect by that statement? In light of the saying of the ProphetBulugh al-Maram 8:130 and the freeing of slaves.
Answer:
Yes, this divorce takes effect if it comes from a sane person. If this divorce is issued by a sane person, it takes effect even if his intention was to deter, threaten, or joke. Yes.
May Allah reward you and benefit through you. This questioner, Rashid Muhyi al-Din, a Bengali resident of Riyadh, sent a number of questions. In the first of them, he says: If a man says to his wife, “You are divorced,” and intends by that to deter her, does the divorce take effect by that statement? In light of the saying of the Prophet
(ﷺ) said: "There are three things which, whether undertaken seriously or in jest, are treated as serious: marriage, divorce
صلى الله عليه وسلم ثلاث جدهن جد وهزلهن جد النكاح والطلاقAnswer:
Yes, this divorce takes effect if it comes from a sane person. If this divorce is issued by a sane person, it takes effect even if his intention was to deter, threaten, or joke. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 5487- حكم من قال لامرأته أنت طالق وهو ينوي زجرها لا طلاقها - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.