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Fatwa CenterUnintentionally Said to His Wife ‘Anti Talek’ (You are Divorced)
Question
I got married 1 year ago, have a girl that have a four months now, My question is: in the day that we get a contract to marry my wife is mother, said to my wife give something my wife said not now, her mother said "Khallissiny" (make me free). It is a favorite joke in my country that if any one says this word, the other says "Entta Talaq" (you are divorced).I said this word to my wife, but I do not mean a joke or mean the word, just automatically I said that. Is this true divorce and what can I do now; that happened three years ago and are we married?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
The expression “Anti Talek”, which literally means ‘you are divorced’ is an explicit expression of divorce which cannot have any other connotation. So, it does not need the intention according to most scholars.
So, if you said this expression after the marriage contract was established and before you slept with her, then she is divorced, a revocable divorce, which requires you to marry her again with a new contract as the divorced woman who has not had sex with her husband does not have an ‘Iddah (waiting period before remarrying).
As for the period you had spent with her, you are both excused because of your ignorance of the Islamic ruling and the daughter you got from that relationship is considered your legitimate daughter according to the Sharee’ah. But you need to make a new marriage contract.
If you said this expression to her after you had sex with her, then there is no problem as this would be considered as a first divorce and you have the right according to the Sharee’ah to take her back – as long as she is in her ‘Iddah – any time and with any act or word that implies marital relationship. But if the ‘Iddah had passed before you take her back, then you have to establish a new marriage contract now in order to have her again as your wife according to the Sharee’ah. We advise you and all other men to avoid such expressions.
Allah knows best.
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