Fatwa ID: 02514
Answered by: Maulana Qadeer Ahmed Tariq
Question:
If your husband says Talaq to you as a joke but didn't say it with the intention of divorce does it count?
If it does count as a divorce..what if he was unaware that saying it as a joke counts… what if he was ignorant to it?
Answer
بسم الله الرحمن الرحي
Sayyiduna Abu Hurayrah reports that Nabi said:
There are three things which, whether undertaken seriously or in jest, are treated as serious; Marriage, divorce and taking back a wife (after a revocable divorce) (SunanTirmidhi, Hadith: 1184, SunanAbiDawud: Hadith: 2194 and SunanIbnMajah, Hadith: 2039)
In your case one Talaq rajee will occur which means the nikah has not been terminated but he has two more chances of talaq left.
Only Allah Knows best
Written by Maulana Qadeer Ahmed Tariq
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham