The ruling on one who is asked, "Are you married?" and says, "No," in jest
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother M. 'A. 'A., may Allah grant him success in all good, amen.
Peace be upon you, and Allah's mercy and blessings, and after that:
O lover, your noble letter dated 15/1/1393 AH has arrived, may Allah guide you, and it contained the question about one who was asked, "Have you married?" and said, "No," by way of jest or forgetfulness, while in reality he is married, and then he took his wife back by way of precaution. Your question is whether witnessing by one just person is sufficient for the taking back, or is it necessary to have two just persons? And if we say that the divorce took place, does it result in one divorce or more? And is this speech considered a hidden allusion or an explicit one? And is there a difference between the state of dispute and anger and other states? It was known.
Answer: If the reality is as mentioned, then nothing of divorce takes place regarding the wife of the one who said it; because it is in the category of a hidden allusion, and he did not intend divorce by it, so divorce does not take place by it, even if he was in a state of dispute and anger, according to the most correct of the scholars' opinions, if he was remembering. As for if he was forgetting that he was married, then likewise nothing takes place by it; due to the lack of intention and the saying of Allah, the Exalted:[Al-Baqarah 2:286] the verse [al-Baqarah: 286], so Allah, the Exalted, said: "I have done it," as the report from the Messenger of Allah (peace and blessings be upon him) is authentic with that, narrated by Muslim in his Sahih.
As for witnessing in the taking back, the testimony of two just persons is not sufficient except for that; due to the saying of Allah (Mighty and Majestic) in Surat al-Talaq:[At-Talaq 65:2] the verse [al-Talaq: 2], and it is not befitting for a believer to jest with matters of divorce and its allusions, rather it is obligatory for him to be cautious of that.
May Allah guide everyone to what pleases Him, and peace be upon you, and Allah's mercy and blessings.
Peace be upon you, and Allah's mercy and blessings, and after that:
O lover, your noble letter dated 15/1/1393 AH has arrived, may Allah guide you, and it contained the question about one who was asked, "Have you married?" and said, "No," by way of jest or forgetfulness, while in reality he is married, and then he took his wife back by way of precaution. Your question is whether witnessing by one just person is sufficient for the taking back, or is it necessary to have two just persons? And if we say that the divorce took place, does it result in one divorce or more? And is this speech considered a hidden allusion or an explicit one? And is there a difference between the state of dispute and anger and other states? It was known.
Answer: If the reality is as mentioned, then nothing of divorce takes place regarding the wife of the one who said it; because it is in the category of a hidden allusion, and he did not intend divorce by it, so divorce does not take place by it, even if he was in a state of dispute and anger, according to the most correct of the scholars' opinions, if he was remembering. As for if he was forgetting that he was married, then likewise nothing takes place by it; due to the lack of intention and the saying of Allah, the Exalted:
Our Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَاAs for witnessing in the taking back, the testimony of two just persons is not sufficient except for that; due to the saying of Allah (Mighty and Majestic) in Surat al-Talaq:
And bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah
وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِنْكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّهِMay Allah guide everyone to what pleases Him, and peace be upon you, and Allah's mercy and blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.