The occurrence of divorce by writing on a piece of paper or in a mobile phone message
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, is it a condition to verbally pronounce the divorce, or does it also occur if the divorce is written on a piece of paper, or in a mobile phone message, for example? Does it occur in that case as well?
Answer:
They say that if he writes it with the intention of divorcing, it occurs, because this is like an indirect expression (kinayah) in writing; he did not pronounce it, but he wrote it. If he writes it with the intention of what he wrote, it occurs. However, if he says, "I want to test my pen" or "I am joking," and he did not pronounce it so that he would be bound by his words, this does not occur. Yes.
He says: Honorable Shaykh, may Allah grant you success, is it a condition to verbally pronounce the divorce, or does it also occur if the divorce is written on a piece of paper, or in a mobile phone message, for example? Does it occur in that case as well?
Answer:
They say that if he writes it with the intention of divorcing, it occurs, because this is like an indirect expression (kinayah) in writing; he did not pronounce it, but he wrote it. If he writes it with the intention of what he wrote, it occurs. However, if he says, "I want to test my pen" or "I am joking," and he did not pronounce it so that he would be bound by his words, this does not occur. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٧-كتاب الطلاق - ١٨-١-٢٥ هـ — archive.org (1:10:04)
The Arabic text is a machine transcription of the audio recording.
