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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Some Rulings on Divorce by Written Document

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The third message in this session was sent by Abdullah Ali Muhammad al-Yamani, residing in Jeddah. He says in his message: I have a wife and children in Yemen, and problems arose between my family and my wife. So I wrote a divorce letter to the judge of the court in Jeddah and brought two witnesses, but the judge did not come to the court that day. After that, I changed my mind about the divorce. Does the divorce take effect by that or not? Please inform us, may Allah reward you.
Answer: If you wrote the divorce, then the divorce takes effect; because divorce takes effect by writing and by speech. If you have written the divorce, the divorce takes effect. If it was one, then it is one. If it was a repeated divorce, as if you said: "Divorced, then divorced, then divorced," then the three take effect. If the three were in one phrase, you said: "She is divorced with three," or "She is divorced with three," then this is counted as one according to the correct opinion of the scholars of knowledge. It is counted as one only, and you have the right to take her back if she had not been divorced before this. If you had not divorced her before this with two divorces, then you have the right to take her back as long as she is in the waiting period.
We repeat: First: If you wrote the divorce, then the divorce takes effect. But if what was written was one, then one takes effect. If it was with three in one phrase, you wrote: "Divorced with three," or "Divorced with three," then one takes effect also according to the correct opinion of the scholars of knowledge. And you have the right to take her back, with two witnesses that you are taking her back before she exits the waiting period, if you had not divorced her before this with two divorces.
As for if what was written was "She is divorced, then divorced, then divorced," and the like of that, then the three take effect by that. And you do not have the right to take her back except after a husband, after a husband and intercourse, meaning: except after a lawful husband who enters with her and has intercourse with her, then separates from her by death or divorce. Yes.
The presenter: And if what was written is known, he says: "I desire to divorce my wife," or "Please conduct the divorce of my wife for me"?
The Shaykh: It does not become a divorce. If what was written is that he wants to divorce at the judge's, he wants, or intends to write the divorce, or his intention is, "I will write the divorce at your place," then this does not become a divorce. It becomes an intention to divorce and does not become a divorce. Whenever he changes his mind, then nothing takes effect by it. Whenever he changes his intention, then nothing takes effect by it. If, for example, he wrote to the judge saying: "I want to write the divorce of my wife," or "My intention is to write the divorce of my wife," or similar phrases, this becomes an intention and resolve and is not a divorce.
The presenter: May Allah bless you and reward you with good.
Source binbaz.org.sa

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

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