Does divorce take effect with the statement "Divorce upon me, I will never contact you, and you are in this country" accompanied by sending a message via mobile phone?
Scholars have differed on the ruling of swearing by divorce if divorce is not intended. The majority opinion is that divorce occurs when the sworn-upon event takes place, whereas Ibn Taymiyyah held that it necessitates an expiation for an oath (kaffarat ). Accordingly, if the questioner has done what he swore to refrain from, divorce occurs. The reference for determining what was sworn upon is the intention of the one swearing. So, if he intended to refrain only from phone calls and not messages, divorce does not occur by sending a message. It should be noted that swearing by divorce is not legislated, and some scholars have deemed it forbidden, while others consider it disliked.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 120785
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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