Question:
If a husband jokingly says to his wife: “Your are divorced!”, is she (thereby)
divorced?
Response:
Whoever jokingly divorces, then his divorce is applicable so long as he
intended a divorce. And if he was joking with his wife and said to her: “You
are divorced!”, then, by that, she is divorced.
Indeed
joking around in issues of divorce, nikaah and freeing a slave is a serious
matter.
So
whoever undertakes the contract of nikaah and (then) says: “I was (only)
joking”, then this statement of his is not acceptable, because he undertook the
contract (of nikaah) out of his own will, and (thereby) the marriage is
confirmed.
And
likewise, whoever jokingly divorces, then his divorce is applicable so long as
he intended a divorce. And if he was joking with his wife and said to her: “You
are divorced!”, then, by that, she is divorced.
Therefore,
we are of the opinion that it is upon a person to beware of these issues and
not to play around with divorce.
Shaykh
Ibn ‘Uthaymeen
‘Ishratun-Nisaa
wa Hill al-Khilaafaat az-Zowjiyyah – Page 201
Fataawa
Noorun ‘alad-Darb – Vol. 2, Page 117