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[Q-ID0355] Is the divorce said via a letter or text message valid?

QUESTION:

What do the scholars of the Din and muftis of the Sacred Law state regarding the following issue: if a person wants to divorce his wife through text message, then how should he do it? Is talaq (divorce) necessitated if he texts her a talaq and she reads it? If a person pronounces talaq upon his wife and later finds out that she was menstruating, then what should he do?

Questioner: Azam from UK

ANSWER:

بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

If a person wants to give the sunnah talāq upon his wife in writing, be it through a letter or a text message, then he must write the following, “When this writing of mine reaches you, there is talāq upon you.” This must be done when she is not menstruating and there was no sexual intercourse during this time period of purity.

If a man gives talāq to his wife through a message, the talāq will occur whether she reads the message or not.

Just as it is mentioned in al-Fatāwā al-Hindiyyah,

“وَإِنْ كَتَبَ إذَا جَاءَك كِتَابِي هَذَا فَأَنْت طَالِقٌ فَكَتَبَ بَعْدَ ذَلِكَ حَوَائِجَ فَجَاءَهَا الْكِتَابُ فَقَرَأَتْ الْكِتَابَ أَوْ لَمْ تَقْرَأْ يَقَعُ الطَّلَاقُ كَذَا فِي الْخُلَاصَةِ“

“If someone writes, ‘There is talāq for you when this letter of mine reaches you’, then the talāq will occur when the letter reaches the woman, whether she reads it or not.”

[al-Fatāwā al-Hindiyyah, vol 1, pg 378]

It is mentioned in Bahār-e-Sharī’at that if someone writes, “There is talāq upon you when this letter of mine reaches you’, then the talāq will occur when the letter reaches the woman, whether she reads it or not.”

[Bahār-e-Sharī’at, vol 2, part 8, pg 114]

Giving talāq during a menstrual period is a sin. If the person was not aware about his wife menstruating, then it is hoped – through the Mercy of Allāh ﷻ – that it will not be a sin. If a person gives one talāq to his wife during her menstrual period, then he has to do rujū’ (return to her). It is mentioned in Bahār-e-Sharī’at that if a person gives talāq (to his wife) during her menstrual period, then it is wājib (obligatory) upon him to return to her, as it was a sin to pronounce talāq in this condition. If the person wants to give talāq (to his wife), then he can do so after her menstrual period (during the time period of purity).

[Bahār-e-Sharī’at, vol 2, part 8, pg 111]

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri

Translated by the SeekersPath Team

Read the original Urdu answer here – [Q-ID0355] Is the divorce said via a letter or text message valid?

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