What is the ruling on divorce by writing?
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The questioner : A man wrote a letter to his wife, but he did not speak the words of divorce aloud. Is that permissible? Then he ordered her not to leave the house until he reads it.
The Shaykh : If a man divorces his wife by writing, and he knows how to write and understands the meaning of what he wrote, then his wife is divorced. However, the scholars differed on whether intention is a condition or not. Some scholars said that it is a condition for the divorce by writing to take effect that the writer, the husband who wrote it, intends the divorce. This is because a person might write a letter to test his pen, to check his handwriting, or just to lengthen his work, not to divorce them. Therefore, intention is necessary. Others said that if he writes the divorce in a way that is understood and he knows what he is writing, then the divorce takes effect. As for this man who divorced his wife by writing, if he says, "I prefer that she not leave the house until I have intercourse with her," then we tell him: Take back your wife. Say, "I have taken her back," provided that this was not a divorce for compensation, nor the third of three divorces. If it was for compensation, or the third of three divorces, or if he had already consummated the marriage, then there is no taking back. However, if it was not the third of three divorces, then it is permissible for him to contract a new marriage with her. The important point is that if he desires his wife, there is no harm in taking her back if he has the right to take her back, and he may have intercourse with her in his house.
The Shaykh : If a man divorces his wife by writing, and he knows how to write and understands the meaning of what he wrote, then his wife is divorced. However, the scholars differed on whether intention is a condition or not. Some scholars said that it is a condition for the divorce by writing to take effect that the writer, the husband who wrote it, intends the divorce. This is because a person might write a letter to test his pen, to check his handwriting, or just to lengthen his work, not to divorce them. Therefore, intention is necessary. Others said that if he writes the divorce in a way that is understood and he knows what he is writing, then the divorce takes effect. As for this man who divorced his wife by writing, if he says, "I prefer that she not leave the house until I have intercourse with her," then we tell him: Take back your wife. Say, "I have taken her back," provided that this was not a divorce for compensation, nor the third of three divorces. If it was for compensation, or the third of three divorces, or if he had already consummated the marriage, then there is no taking back. However, if it was not the third of three divorces, then it is permissible for him to contract a new marriage with her. The important point is that if he desires his wife, there is no harm in taking her back if he has the right to take her back, and he may have intercourse with her in his house.
Source
دروس وفتاوى المسجد الحرام لعام 1402هـ - 8 — binothaimeen.net (1:01:48)
The Arabic text is a machine transcription of the audio recording.
