Does a divorce conditioned on the wife's failure to answer the phone occur if the husband made the divorce conditional on his not swearing during the call, and then he did not swear?
Writing a divorce (talaq) without uttering it is a metaphorical act (kinaya) by which divorce does not occur without intention. If you did not intend for the divorce to occur by writing the phrase, and you intended to threaten your wife, then your divorce does not take place. However, if you intended for the divorce to occur upon writing, then your divorce takes place upon the occurrence of the condition upon which it was made contingent. The determination of the contingent condition refers back to the intention of the writer. If he intended to make it contingent on him not swearing an oath of divorce in the event of her calling him immediately, and not in any other calls, then the divorce has not occurred due to the absence of the call. But if he intended to make it contingent on him not swearing an oath of divorce during his conversation with her (whether she initiated the call or he initiated the call), then the divorce has occurred because he did not swear an oath of divorce during his conversation with her. It is advisable to present the matter to trustworthy scholars in the questioner's country.
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- 178254
- Imported
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