Does a second divorce (talaq) befall the wife if she communicates with her ex-husband via WhatsApp, this being after her husband swore an oath of divorce upon her 11 years ago that she would not speak to him, and is it necessary to renew the marriage contract?
The fatwa we adhere to is that divorce has occurred by the husband's conversation with his former wife, regardless of the means of communication, because the apparent intent of the husband is to prevent her. If the husband has intercourse with her after the conversation and before the expiration of the waiting period (iddah), the preponderant view with us is that a raj'ah (revocation of divorce) takes place thereby. However, if he does not have intercourse with her until the waiting period expires, then she becomes irrevocably separated by a minor separation (baynunah sughra), and a new marriage contract is required for her return. Some scholars, such as Ibn Taymiyyah, hold the view that if swearing by divorce is not intended to suspend divorce but rather as a threat, then its ruling is the same as swearing by Allah, and the one who swears must pay an expiation for an oath (kaffarat yameen) upon breaking it, and no divorce occurs. We advise presenting the matter to trustworthy scholars. The permissible oath is swearing by Allah Almighty, and swearing by divorce is among the oaths of the dissolute and should be avoided.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/175829