Question:
I heard from my friend that there are some words which are not allowed in joke. i want to know those words.
I also heard that in those words one is “never say any Mahram girl your wife and girl also say to u as her husband in front of at least two persons work as witness) even in joke”. please kindly explain this if i do this then that girl was become my wife or not? if any hadith is related with this please mention.
Answer:
The Hadith teaches us that there are three such issues which hold the same ruling whether done in jest or sincerely. They are Nikah, Talaaq and Itaaqah (freeing of a slave.) (Mishkaat, Page 284)
This means that if a man jokingly informs a Ghair Mahram lady (a lady he is allowed to marry), in the presence of two witnesses, that he wishes to marry her and she accepts, irrespective of the words used, the Nikah will take place. The aforementioned will also apply if the girl makes the proposal. As a result this lady will not be allowed to marry another man unless she receives Talaaq from the one who jokingly married her. In such instances the excuse of it being “just a joke” is not valid.
In a similar manner Talaaq takes place if uttered in jest.
Therefore one should be extremely cautious not utter the words of Nikah and Talaaq or words of this nature in jest.
And Allah Ta’ala knows best
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
29 March 2005
18 Safar 1426