Does Saying “You Are Divorce” Count as Divorce? Islamic Guidance
Source: Fatāwā Rāshidiyyah, p. 460
❀ Question
If a man says to his wife: “You are divorce” (تم طلاق), does this make her divorced?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
The basic ruling is that divorce (ṭalāq), marriage (nikāḥ), and revocation (rajʿah) are such matters that even if uttered in jest, they still take effect.
As narrated from Abū Hurayrah رضي الله عنه, reported with a ḥasan chain in al-Tirmidhī (Kitāb al-Ṭalāq), Abū Dāwūd, and others:
((ثلاث جدهن جدوهزلهن جدالنكاح والطلاق’والرجعه.))
“Three things, whether said seriously or in jest, are binding: marriage, divorce, and revocation.”
Clarification of the Case in Question
From your description, it appears that the words “You are divorce” slipped unintentionally from your tongue. This is similar to the example given in grammar books of a slip of the tongue:
One intends to say: “Zayd came,” but mistakenly says: “A donkey came,” and then immediately corrects it by saying, “I mean Zayd.”
There is a difference between jest and mistake:
- In jest, there is an intention to utter the words, though in a joking manner.
- In a mistake, there is neither intention nor jest; the words merely slip unintentionally.
Such a mistaken utterance carries no legal weight, as established in the ḥadīth narrated by Ibn ʿAbbās رضي الله عنه:
((إن الله تجاوزلى عن أمتى الخطا والنسيان وما استكرهوا عليه.))
(Ibn Mājah)
“Allah has pardoned my ummah for mistakes, forgetfulness, and what they are forced into.”
Thus, if these words truly slipped unintentionally, no divorce takes place.
If Said Intentionally
If, however, the words were uttered deliberately, then the ruling depends on the intention:
◈ If the intention was: “You are divorced,” then divorce takes place.
◈ If no such intention was present and the words were ambiguous (e.g., could mean “Do you want divorce?”), then divorce does not take place.
◈ If the intention was genuinely to issue divorce, then it will be considered a rajʿī divorce (revocable), meaning the husband may return to his wife within the ʿiddah period.
❀ Conclusion
✔ If the words were spoken by mistake → No divorce takes place.
✔ If spoken deliberately with intent of divorce → Divorce occurs, but it will be rajʿī.
ھذا ما عندی واللہ أعلم بالصواب
