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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Divorce by Writing, Mistake, and Forgetfulness

Machine translationRead the Arabic original
Question:
Honorable Shaykh, what is the ruling on divorce by writing, forgetfulness, and mistake?

Answer:
How is this question? By writing, forgetfulness, and mistake. Is he asking whether divorce takes effect by writing? Or is he asking about forgetfulness and mistake? This is specific. Regarding writing, I have heard from him that if he writes, divorce does not take effect on him merely by the writing until he intends by that writing that it is a divorce. Then divorce takes effect on him.
As for forgetfulness and mistake, let us say that divorce by forgetfulness and mistake is a right of Allah, and He does not hold him to it. But as for the rights of creation, they are not dropped from him. If he is asked, he says, "By Allah, I was forgetting," we do not believe him. If he is asked and says, "By Allah, I was forgetting" or "I made a mistake," and he is not believed, then divorce takes effect on him. Yes.
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، كتاب الطلاق — islamhouse.com (58:58)

The Arabic text is a machine transcription of the audio recording.

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