Said he divorced his wife but didn't mean it

24-4-2005 | IslamWeb

Question:

I had a big fight with my wife, and she got very upset and insisted (started yelling) that I divorce her. So just to calm her down, I said: "You're divorced", I didn't mean it when I said it. What should we do now? Are we considered divorced?

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

We have said in a previous Fatwa: "There is no disagreement among scholars over this ruling that if a person utters the words of Talaaq intentionally by saying to his wife "You are divorced", by these clear words she becomes divorced immediately regardless of his intention, seriousness, and degree of knowledge about what is considered divorce in Shariah and what is not, as established by the majority of the Muslim scholars." See Fatwa: 82467.

If this is your first divorce you may take her back to the conjugal life during her 'Iddah (i.e. waiting period). For details read our Fatwa: 82541.

Allaah knows best.