What is the ruling on a man who recorded on a cassette tape and said to his wife: “You are divorced, you are divorced, you are divorced,” and then sent the tape to his wife?
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The questioner:
He says in a lengthy case that I sent a message, and I had already divorced her, and I swore an oath by Allah, by divorce, regarding my wife while she was not with me. I was residing in the Kingdom in Makkah, and the oath was one I made on a cassette tape, which I sent to my wife in my country, Egypt. It is known that at the time of the oath, I was in a moment of anger. I am now regretful of what came from me, so direct me on how to act? May Allah reward you with good, for some people said that this oath does not take effect.
The Shaykh:
This requires a detailed explanation, and listening to what you said on the tape. Since it is recorded and preserved, it is necessary to listen to it and see what you said in it. You must return to one of the scholars in your country, or if the tape is with you in the Kingdom, you should take it with you and go to one of the scholars and ask him about it.
The questioner:
I notice that he wrote a line at the end of the message saying: Shaykh Salih, so I swore the oath three times: “You are divorced, you are divorced, you are divorced” in front of the cassette tape, and I sent it to my wife in my country.
The Shaykh:
This is not an oath; this is an immediate divorce. Therefore, we said that it is necessary for him to be present and bring the tape to the one he is consulting among the scholars of knowledge, whether it is a judge or one of the designated bodies for issuing fatwas. Yes.
The presenter:
May Allah reward you with good, and may He do you good.
He says in a lengthy case that I sent a message, and I had already divorced her, and I swore an oath by Allah, by divorce, regarding my wife while she was not with me. I was residing in the Kingdom in Makkah, and the oath was one I made on a cassette tape, which I sent to my wife in my country, Egypt. It is known that at the time of the oath, I was in a moment of anger. I am now regretful of what came from me, so direct me on how to act? May Allah reward you with good, for some people said that this oath does not take effect.
The Shaykh:
This requires a detailed explanation, and listening to what you said on the tape. Since it is recorded and preserved, it is necessary to listen to it and see what you said in it. You must return to one of the scholars in your country, or if the tape is with you in the Kingdom, you should take it with you and go to one of the scholars and ask him about it.
The questioner:
I notice that he wrote a line at the end of the message saying: Shaykh Salih, so I swore the oath three times: “You are divorced, you are divorced, you are divorced” in front of the cassette tape, and I sent it to my wife in my country.
The Shaykh:
This is not an oath; this is an immediate divorce. Therefore, we said that it is necessary for him to be present and bring the tape to the one he is consulting among the scholars of knowledge, whether it is a judge or one of the designated bodies for issuing fatwas. Yes.
The presenter:
May Allah reward you with good, and may He do you good.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم من سجل على شريط كاسيت وقال عن زوجته: أنت طالق، أنت طالق، أنت طالق، ثم أرسل الشريط لزوجته؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.