I am a young man of twenty-seven years of age. I contracted my marriage to a girl more than a year ago and delayed the wedding date due to circumstances that cannot be mentioned, then
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The questioner : I am a young man of twenty-seven years of age. I contracted my marriage to a girl more than a year ago and delayed the wedding date due to circumstances that cannot be mentioned, then problems soon emerged that hindered the marriage. Following a phone call in which her father said that everything had ended between us and them, I wrote her divorce on a piece of paper. I was somewhat in an angry state, and I am now regretful of what I did. I have not yet pronounced the word of divorce verbally, but rather I wrote, "You are divorced, O so-and-so," and I took the message to her father myself. Is this divorce valid and does it take effect? Please inform us, may Allah reward you. Please note that I wrote only one divorce, and it is the divorce of a woman with whom I have not had intercourse. If the divorce takes effect, is it required for remarriage that she marries another man and is then divorced, or does her ruling differ from that of a woman with whom intercourse has occurred?
The Shaykh : This divorce that occurred from you, which you wrote with your own hand on a paper in a readable form, is a Sharia divorce. Since it occurred before intercourse, the woman is released by it, meaning she does not need to observe a waiting period, due to the saying of Allah the Exalted:[Al-Ahzab 33:49] However, it is considered one divorce. You may now take her back if you have not married another woman, but you do not take her back except with a new contract with complete conditions. In this case, you must pay the mahr, and any mahr you agreed upon is permissible. Yes.
The questioner : The listener from Iraq says.
The Shaykh : This divorce that occurred from you, which you wrote with your own hand on a paper in a readable form, is a Sharia divorce. Since it occurred before intercourse, the woman is released by it, meaning she does not need to observe a waiting period, due to the saying of Allah the Exalted:
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.
يَا أَيُّهَا الَّذِينَ ءامَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًاThe questioner : The listener from Iraq says.