The occurrence of divorce in jest before consummation and the renewal of the contract
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. A man contracted marriage with a woman but did not consummate it. One of his friends asked him, “Did you get married?” The man said in jest, “No, I divorced her.” The question is: Does the divorce take effect if he did not intend to divorce her, but his intention was only jesting?
The Shaykh:
If he said “I divorced her,” the divorce takes effect, even if he said, “I am only joking,” because there is no jesting in divorce, as has been mentioned previously. Yes.
The questioner:
And if she has been divorced, does he have the right to renew the contract?
The Shaykh:
Before consummation, if he said this before consummation, he may contract marriage with her anew. Yes.
He says: Honorable Shaykh, may Allah grant you success. A man contracted marriage with a woman but did not consummate it. One of his friends asked him, “Did you get married?” The man said in jest, “No, I divorced her.” The question is: Does the divorce take effect if he did not intend to divorce her, but his intention was only jesting?
The Shaykh:
If he said “I divorced her,” the divorce takes effect, even if he said, “I am only joking,” because there is no jesting in divorce, as has been mentioned previously. Yes.
The questioner:
And if she has been divorced, does he have the right to renew the contract?
The Shaykh:
Before consummation, if he said this before consummation, he may contract marriage with her anew. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 081-باب الشك في الطلاق - باب الرجعة - 16-2-25 هـ — archive.org (14:59)
The Arabic text is a machine transcription of the audio recording.