The Ruling on the Divorce of One Who Is Joking
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the distinguished judge of al-Lahmar, may Allah guide him to all good, amen.
Peace be upon you, and Allah's mercy and blessings, and after that:
O Beloved, your noble letter number (575), dated 8/9/1398 AH, has reached us, may Allah guide you, and we are aware of its contents. I have reviewed the attached document certified by your eminence, in which the husband admits that he is sometimes afflicted with chest attacks and becomes irritable, causing his feelings to change due to this. He states that he divorced his wife twice while he was not in his right mind because of this illness, and then divorced her a third time by way of joking, and in that instance, his wife and her guardian agreed with him regarding it.
Answer: Accordingly, I inform you: I issued a fatwa to the aforementioned Ahmad that the two divorces that issued from him while his mind was altered, according to his admission to you, did not take effect; because his wife and her guardian believed him in that.
As for the last divorce, it has taken effect, because a divorce pronounced in jest is like one pronounced in earnest, as is not hidden. I ask you to inform everyone of this and to advise Ahmad not to return to joking with divorce. May Allah reward you and thank you for your efforts.
And peace be upon you and the mercy of Allah and His blessings.
The General President of the Departments of Research
Scientific, Ifta, Da'wah, and Guidance
Peace be upon you, and Allah's mercy and blessings, and after that:
O Beloved, your noble letter number (575), dated 8/9/1398 AH, has reached us, may Allah guide you, and we are aware of its contents. I have reviewed the attached document certified by your eminence, in which the husband admits that he is sometimes afflicted with chest attacks and becomes irritable, causing his feelings to change due to this. He states that he divorced his wife twice while he was not in his right mind because of this illness, and then divorced her a third time by way of joking, and in that instance, his wife and her guardian agreed with him regarding it.
Answer: Accordingly, I inform you: I issued a fatwa to the aforementioned Ahmad that the two divorces that issued from him while his mind was altered, according to his admission to you, did not take effect; because his wife and her guardian believed him in that.
As for the last divorce, it has taken effect, because a divorce pronounced in jest is like one pronounced in earnest, as is not hidden. I ask you to inform everyone of this and to advise Ahmad not to return to joking with divorce. May Allah reward you and thank you for your efforts.
And peace be upon you and the mercy of Allah and His blessings.
The General President of the Departments of Research
Scientific, Ifta, Da'wah, and Guidance
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.