Talaq in Jest

Question

Zayd had married his two daughters to two full brothers. For a long time they lived well. The daughters say that both brothers constantly used to say in jest: “You have not brought anything from your parents’ house; we will marry where (the brides) bring plenty of wealth.” One day, in clear words, first the elder brother said: “Get off our backs (تم ہمارا پیچھا چھوڑو), we have left you (ہم نے تمہیں چھوڑ دیا).” Once he also said the word talaq: “Left, gave talaq” (چھوڑ دیا طلاق دیدی).

Answer

Talaq takes effect even in jest. Therefore, in the case asked about, if the girls’ statement is true, then according to the Shari‘a talaq has taken effect: [ar]وَطَلَاقُ اللَّاعِبِ وَالْهَازِلِ بِهِ وَاقِعٌ[/ar] “The talaq of one who is playing and of one who is jesting with it takes effect” (Alamgiri, vol. 1, p. 353).

Source: Fatawa Mahmudiyya

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