His second question asks: If a husband says something to his wife that carries the meaning of divorce, for example, while assuring her that he will send her the paper,
Machine translationRead the Arabic original
The questioner : His second question asks: If a husband says something to his wife that carries the meaning of divorce, for example, while assuring her that he will send her the paper, and it is understood by her that the paper means the divorce paper, is this considered a divorce or not?
The Shaykh : If the husband says: I will send the divorce paper, or I will divorce you...
The questioner : Or the paper in general. Yes.
The Shaykh : Or the paper from which the divorce paper is understood.
The questioner : Yes.
The Shaykh : Then this is a promise of divorce, not its execution, and no divorce takes place on his account because of it. If he wishes to retract this intention, there is no blame on him. However, if he says to his wife: I have divorced you, and the divorce paper will come to you later, then the divorce takes place. And if he writes the divorce with the mu'adhdhin or other whose writing is relied upon, and says to him: Write that I have divorced my wife so-and-so, daughter of so-and-so, then this command to write the divorce is not considered a second divorce, because it is intended to write a divorce that has already occurred and passed. It is a report of an event that has taken place, so it is not a single divorce, because it distinguishes between reporting a divorce and creating a divorce.
The Shaykh : If the husband says: I will send the divorce paper, or I will divorce you...
The questioner : Or the paper in general. Yes.
The Shaykh : Or the paper from which the divorce paper is understood.
The questioner : Yes.
The Shaykh : Then this is a promise of divorce, not its execution, and no divorce takes place on his account because of it. If he wishes to retract this intention, there is no blame on him. However, if he says to his wife: I have divorced you, and the divorce paper will come to you later, then the divorce takes place. And if he writes the divorce with the mu'adhdhin or other whose writing is relied upon, and says to him: Write that I have divorced my wife so-and-so, daughter of so-and-so, then this command to write the divorce is not considered a second divorce, because it is intended to write a divorce that has already occurred and passed. It is a report of an event that has taken place, so it is not a single divorce, because it distinguishes between reporting a divorce and creating a divorce.