The Book on Divorce and Li'an - Jami' at-Tirmidhi

Hadith Reference: Jami` at-Tirmidhi 1184

Hadith Text

"Three are serious when they are serious, and serious when they are in jest: Marriage, divorce, and return."

Scholarly Commentary

This noble hadith establishes a fundamental principle in Islamic jurisprudence regarding three matters that carry legal consequences regardless of the speaker's intention. The Prophet (peace be upon him) emphasized that marriage, divorce, and reconciliation (return) are binding legal pronouncements.

Marriage contracts, when uttered with the proper conditions and witnesses, become immediately binding even if spoken in jest. Similarly, divorce pronouncements take effect regardless of the husband's state of mind or intention. The "return" refers to a husband taking back his wife during her waiting period ('iddah) after a revocable divorce.

Scholars explain that these matters are too grave to be treated lightly, as they involve the sacred bonds of family and the rights of individuals. The Shari'ah protects these institutions by making them effective upon utterance, teaching Muslims to be cautious and deliberate in their speech concerning such weighty matters.

Legal Implications

This hadith forms the basis for the principle that certain Islamic legal pronouncements are effective by mere utterance (sighah), without requiring specific intention (niyyah). This protects the rights of all parties involved and maintains the sanctity of marital bonds.

Muslims are therefore cautioned to guard their tongues and avoid jesting about these matters, as the consequences are real and binding in the sight of Allah and His law.