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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is writing divorce the same as pronouncing it?

Machine translationRead the Arabic original
The questioner : May the Shaykh be honored, is writing divorce like pronouncing it?

The Shaykh : Yes, writing divorce is exactly like pronouncing it, because Allah the Exalted wrote the Torah with His Hand. He wrote the Torah with His Hand for Musa. And He made this written text binding for the Children of Israel and made it descending from Him
And He sent down the Torah and the Gospel وأنزل التوراة والإنجيل
. So if a man writes the divorce of his wife on a paper and says, "I have written: You are divorced," and gives it to her, then she is divorced. But if the man says, "I did not intend divorce, but I intended by that to distress my wife and put worry and distress upon her." Here we say: if the woman believes him because he is a man of religion and it is not possible for him to play with the religion of Allah, then it is as he said and she is not divorced. But if she does not believe him and takes it to the judge, then the judge rules with divorce. Now, what if he wrote the divorce of his wife in water? What happens? Is she divorced or not?
The student: ... .

The Shaykh : He has a basin with water in it. And he said with his finger in the water, "My wife is divorced." Is she divorced or not?
The student: She is not divorced.

The Shaykh : She is not divorced. Why? Because if he wrote it, it did not become anything that was clear. So the one writing in water is not a writer and not a scribe. Yes.

The questioner : May Allah bless you and your knowledge.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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