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Jokingly issuing talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: If the wife asked the husband for talaq and the husband, in a joking way said that I give you 3 talaq. He was not serious, in a funny way he said that I give you 3 talaq. So will it be talaq?

Bismillaah

A: The three talaaqs are valid and the nikaah has terminated. It is no longer permissible for them both to live together. Nabi (Sallallahu Alayhi Wasallam) said: Three things are such that regardless of whether it is said it in jest or intentionally, they will be valid. 1. Nikaah 2. Talaaq 3. Retracting the divorce after a revocable talaaq has been uttered.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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