Is expiation (kaffarah) obligatory for someone who swore not to speak to another woman, but then communicated with her via messages, and what are the consequences if she wishes to resume speaking with her?
The jurists differed on whether a person who swore an oath not to speak to someone, but then messaged them, has broken their oath or not. The Hanafis and Shafi'is hold that they have not broken it, while the Malikis and Hanbalis hold that they have.
The preponderant view is that writing is not considered speech. However, the intention of the swearer must be considered. If they intended to prevent only verbal communication, then they have not broken their oath. But if they intended to prevent communication altogether, then they have broken their oath by writing.
If you have not broken your oath, and it is better for you to speak to the woman, then you should speak to her and expiate for your oath, based on the saying of the Prophet, peace and blessings be upon him: "If you take an oath and then find something better than it, then do that which is better and expiate for your oath." However, if the oath was broken by writing, then the oath is dissolved and expiation for breaking it is due.
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