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If a husband says to his wife three times (in joke/ ignorance) “ I give you Talaaq” ,will the Talaaq occur.

Answered according to Hanafi Fiqh by Askimam.org

One of my friends who has very little knowledge of matters on Talaaq said to his wife ? I give you Talaaq? he said this three times in joke. His wife told him that the Talaaq had occurred , he said it does not occur until given in writing. After this incident they are still living together for last three years. Some people say that Talaaq has occurred some say it has not occurred. Please clarify following things; 1. Has the Talaaq occurred. 2. If the Talaaq has occurred, have they been committing the sin of Zana for last three years 3. If their staying together is unlawful and they have been committing a sin, what should they do now. 4. Is the ?Halala allowed with intention to marry again

Answer

1. If a person divorces his wife jokingly, then this divorce takes place. (Shaami Vol.3 Pg.238-H.M.Saeed)

2. His wife is Haram for him, however as he thought that the Talaaq had not occurred, it would not be classified as Zina. (Ibid Vol.4 Pg.22)

3. They have to separate straight away.

4. Halala is permissible when the wife gets married to another person intending to remain in his marriage forever, however he divorces her (with the condition of consummating the nikah), for whatever reason or passes away, then she becomes halaal for her first husband.

and Allah Ta’ala Knows Best

Ml. Husain Kadodia
STUDENT: Darul Ifta

CHECKED & APPROVED: Mufti Ebrahim Desai

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