The Divorce of the Jester
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Fatwa No. ( 12967 )
Q: We were a group of young men sitting for lunch one day in the month of Sha'ban, in the year 1409 AH, and then the young men said to me:
Your wife went to her parents' house, and she was not seeking you out—just as a joke. Then I told them: she is divorced. Then they said: you have divorced her. And I told them: I did not divorce her. Then the young men went to the Shaykh in Abha , where we were working at the time, along with those who were with me when the joke occurred between us. They asked him about what had happened, and he told them: an expiation is obligatory. So the young men took 400 riyals from me to distribute, and after that I went to my parents' house and my wife's, and I had intercourse with her after the blessed 'Id al-Fitr, meaning: two months after the conversation took place. It is known that no one knows anything about it except the young men who were in my company at that time. And now the question is: is what we did permissible and valid? Please issue a ruling on this, may Allah reward you with good.
A: If the matter is as you described, one divorce has taken effect on your wife, because of your saying: She is divorced; because divorce takes effect whether in seriousness or in jest. You may take her back as long as she is in the waiting period, provided that two divorces did not precede this one. If, when you had intercourse with her after 'Id al-Fitr, three menstrual cycles had not passed, then she is your wife, and the intercourse is considered a taking back. However, if she had menstruated the three cycles before your intercourse with her and after the aforementioned divorce took place, then she is not lawful for you except with a new marriage contract. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We were a group of young men sitting for lunch one day in the month of Sha'ban, in the year 1409 AH, and then the young men said to me:
Your wife went to her parents' house, and she was not seeking you out—just as a joke. Then I told them: she is divorced. Then they said: you have divorced her. And I told them: I did not divorce her. Then the young men went to the Shaykh in Abha , where we were working at the time, along with those who were with me when the joke occurred between us. They asked him about what had happened, and he told them: an expiation is obligatory. So the young men took 400 riyals from me to distribute, and after that I went to my parents' house and my wife's, and I had intercourse with her after the blessed 'Id al-Fitr, meaning: two months after the conversation took place. It is known that no one knows anything about it except the young men who were in my company at that time. And now the question is: is what we did permissible and valid? Please issue a ruling on this, may Allah reward you with good.
A: If the matter is as you described, one divorce has taken effect on your wife, because of your saying: She is divorced; because divorce takes effect whether in seriousness or in jest. You may take her back as long as she is in the waiting period, provided that two divorces did not precede this one. If, when you had intercourse with her after 'Id al-Fitr, three menstrual cycles had not passed, then she is your wife, and the intercourse is considered a taking back. However, if she had menstruated the three cycles before your intercourse with her and after the aforementioned divorce took place, then she is not lawful for you except with a new marriage contract. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.