Husband jokingly giving the wife three talaaqs
Question
If a man says to his wife "I divorce you" three times as a joke and has no intention to divorce her and is unaware that simply uttering the words could lead to divorce. Is that counted as talaaq or is the nikkah valid. Also note that this occurred while the wife was in a state of purity, before menses, during which intercourse had taken place. Is this nikkah still valid? Is the talaaq valid? If yes is it counted as one or 3? This occurred between a couple that are very much involved and would be devastated by talaaq. And please advise what should be done after this.
Answer
Even though he was joking, the three talaaqs are valid. She is no longer halaal for him.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/15740
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-15740
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Do three talaqs in one sitting count as three?
“The law of shariah is that once the husband issues three divorces, the nikaah totally terminates and there is no way for the husband to reconcile. Both husband and wife become haraam for each other.”
Mufti Online · 211 fatawa from 7 Darul Iftas on this
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