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Joke and Divorce

Answered as per Hanafi Fiqh by Askmufti.co.za

Q: One day at work, I said jokingly to a friend “I am divorced”. I did not have the intention to divorce at the time and I didn’t mention my wife’s name. Does what i say constitute divorce? I made ruju over the phone anyway by telling my wife “If what I said constituted divorce, I take you back”. My first question is did what I say constitute divorce and if so was the ruju over the phone valid?

A: The joke you made is not divorce or talaaq. A man cannot be ‘divorced’ , for he is the one who issues the divorce. If a divorce is issued, it is the wife who is described as being ‘divorced’. So the statement you made is meaningless and is not counted as a talaaq

And Allah knows best

Mufti Siraj Desai

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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