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The question

Does the divorce statement "You are divorced" take effect via a text message during menstruation and before full consummation, if the husband did not intend divorce and stated that he intended harm?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The ruling on writing an explicit divorce statement in mobile messages without uttering it is a matter of scholarly disagreement. Is it considered like an explicit verbal utterance, not requiring intention, or is it a metaphorical expression requiring intention?

- According to the view that it is a metaphorical expression: Divorce does not occur as long as the husband intended annoyance and did not intend to effect a divorce. - According to the view that it is like an explicit verbal utterance: Divorce occurs, even if the wife was menstruating at that time.

In the event of its occurrence after a valid privacy (khalwah sahihah): - Hanbali school: The husband can take back his wife during her 'iddah without a new contract. - Majority of scholars: The divorce results in a final separation (baynunah), and the husband cannot take back his wife except with a new contract and dowry.

We advise presenting this issue to trustworthy scholars.

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Ftawy
Original fatwa ID
147991
Imported
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Source text, unreviewed
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