Divorce in joke will not happen

There are two cases, Number one is that the man wrote a divorce and did not
intended to give divorce secondly a man uttered the word of divorce but he did not
intended.

Let us see regarding the case number one.

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about a man who wrote
that his wife was divorced on a piece of paper then gave it to her. He replied:
This divorce does not count for the woman mentioned if he did not intend to divorce her
thereby, rather it was just writing or he intended something other than divorce, because
the Prophet (peace and blessings of Allaah be upon him) said: “Actions are but by
intentions…”
This is the view of a large number of scholars, and some narrated that it is the view of the
majority, because writing is a like a metaphor and divorce does not take place by means
of metaphors unless it is accompanied by the intention to divorce, according to the more
sound of the two scholarly opinions, and unless the writing is accompanied by something
which indicates that the intention is divorce, in which case divorce does take place. End
quote.
Ibn Qudaamah (may Allaah have mercy on him) said: Divorce does not take place if the
word of divorce (talaaq) is not uttered, except in two cases, one of which is when a
person is unable to speak, such as a man who is mute; if he issues a divorce by means of
gestures, then his wife is divorced.
The second case is if the divorce is written; if he intended it as such then his wife is
divorced. This is the view of al-Sha’bi, al-Nakha’i, al-Zuhri, al-Hakam, Abu Haneefah
and Maalik, and it is the view that is narrated from al-Shaafa’i.
If a man writes it without intending divorce, then it does not count as such according to
the majority of scholars, because writing is open to interpretation, and he may have
intended just to test the pen, or improve his handwriting, or upset his wife, without
intending it (as a divorce). End quote from al-Mughni, 7/373
Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) said:

Praise be to Allaah. If the matter is as described, and by clearly writing words of divorce
to his wife he did not intend anything other than to threaten her and scare her so that she
would stop treating him badly, and he did not intend divorce at all, then this does not
count as a divorce. And Allaah is the Source of strength. End quote.
Fataawa Muhammad ibn Ibraaheem, 11/ question no. 3051

regarding case 2 (where a man uttered the words but he did not intended)

Shaykh Mustafa al Adwi mentioned difference of opinion of scholars in this matter and he
quoted both stance

1. It will count
2. It will not count

Proof of Those who say it does count they quote Abu Hurayrah (may Allaah be pleased with
him) who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“There are three matters in which seriousness is serious and joking is serious: marriage,
divorce and taking back (one’s wife).” Narrated by Abu Dawood, 2194; Ibn Maajah, 2039,
Hakim and others

Reply is that

Abdul Rahman bin habeeb is in the chain Imam Nisa`iee SAID HE IS Rejected in hadeeth,
Hafiz Ibne hajar said he is Unknown. Imam Hakim said chain is Authentic but Hafiz Dahabee
followed him in Talkhees al Mustadrak that Abdul Rahman has some weakness. Hafiz Ibne
Hajar said He is lain al hadeeth in at Taqreeb

Shaykh Al Bani provided other weak chains to support this weak chain and said that this chain
is weak but hadeeth is hasan because of other routs, he Rahimullah just erred here because
weak+weak+weak=weak not authentic, So this hadeeth is weak and it is against Qur`an and
Authentic hadeeth of Bukharii.

Shaykh Mustafa Al Adwi said

‫وللحديث شواهد كلها ضعيفة واهية أشار إليها ابن‬

" ‫ والشوكاني في‬، (3/209) " ‫حجر في " التلخيص‬
) " ‫ واللباني في " الرواء‬، (6/240) " ‫نيل الوطار‬
‫هـ‬.‫ا‬. (6/224.
And all the witnesses(shawahid) of this hadeeth are weak and wahiyah pointed by Hafiz Ibne
Hajar in Talkhees al Habeer 3/209, Shawkani in Neyl al Awtar 6/240 and Al Bani in Erwa
6/224.

Jami`e Ahkam al Nisaa 4/126

And then Shaykh Mustafa al Adwi mentioned evidences of those who say that it will not count.

(2: 227. And if they decide upon divorce, then Allah is All-Hearer, All-Knower.)

Man will never decides in joke that he is giving talaq

“but He will call you to account for that which your hearts have earned”
[al-Baqarah 2:225]

Bukhari Volume 1, Book 1, Number 1:

Narrated 'Umar bin Al-Khattab:

I heard Allah's Apostle saying, "The reward of deeds depends upon the intentions and every
person will get the reward according to what he has intended.

In joke man never intended to give talaq

Imam An Nawawi said in Arbaiyeen an Nawawi hadeeth no: 39

On the authority of Ibn Abbas that the messenger of Allah said:

"Allah has pardoned for me my people for [their] mistakes and [their]
forgetfulness and for what they have done under duress."

a fine hadith related by Ibn Majah,Al-Baihqi, and others.(end quote)[This

chain is Authenticated by Imam Nawawi,Ibne Tmaiyah in Majmoo Fatawa
7/685, Ibne Katheer in Irshad al Faqeeh 1/90, Ibne Rajab in Aloom wal
Hukam 2/361]

Shaykh Safi ur Rahman Mubarkpoori said

There is no divorce by mistake and in forgetfulness (Commentary of Baloogh al Maram page
921 hadeeth no: 921 urdu version published by Dar us Salam)

Surah al Baqrah ayah 185

"...Allah intends for you ease, and He does not want to make things difficult for you.'

and on the other hand Divorce is not a joke, people should refrain from these kind of jokes
because Allah says

2:231 And treat not the verses (Laws) of Allah in jest,

Tafis Ibne Kathir says

Masruq said that the Ayah refers to the man who harms his wife by divorcing her and
then taking her back, so that the `Iddah term is prolonged for her. Al-Hasan, Qatadah, `Ata'
Al-Khurasani, Ar-Rabi` and Muqatil bin Hayyan said, "He is the man who divorces his wife
and says, `I was joking.' Or he frees a servant or gets married and says, `I was only joking.'
Allah revealed:

(And treat not the verses (Laws) of Allah in a jest,)

Then such men were made to bear the consequences of their actions.(end)

So in Conclusion Islam stopped the harming of people who divorce their women and then
say we were joking.
Is there any bad omen in Women ??
.
http://www.orkut.com/Main#CommMsgs?cmm=39265183&tid=5467355701366703793
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Can Women Teach Men? An Islamic and Biblical Point
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http://www.orkut.com/Main#CommMsgs?cmm=39265183&tid=5471366118489409201
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Are women crooked by nature?
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http://www.orkut.com/Main#CommMsgs?cmm=39265183&tid=5469884629650196145
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Women Scholars/Knowledgeable
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http://www.orkut.com/Main#CommMsgs?cmm=39265183&tid=5470559892998407857
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Accusations Against a Chaste Woman
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http://www.orkut.com/Main#CommMsgs?cmm=39265183&tid=5470278959187576497

http://www.paklinks.com/gs/video-gallery/416000-the-revival-series-not-arrivals.html

20 rakah and witer

http://ahlalhdeeth.cc/vbe/showthread.php?t=2104

http://www.islam-qa.com/en/ref/9036

http://www.ahlalhdeeth.com/vbe/showthread.php?t=9727&highlight=witr

http://web.archive.org/web/20071011063325/al-ibaanah.com/articles.php?ArtID=153

raising hands in witer answered

http://www.ahlalhdeeth.com/vbe/showthread.php?t=2912&highlight=witr