Is a wife divorced simply by the husband saying, "You are divorced" via a text message, with his confirmation of it?
The writing of divorce in mobile messages differs. Is it like explicit utterance, not requiring intention, or is it a metaphor (kinayah) that does require intention? According to the view that it is a metaphor—which is the prevalent —what is considered is the husband's intention and his statement, because he is most knowledgeable of his intention, and there is no way to ascertain this except from him. Therefore, it is necessary to refer to the husband to know his intention, for he is the one who determines whether you are divorced from him or not. If the divorce occurs and the waiting period (') expires, the woman becomes irrevocably separated from her husband and is not lawful for him except through a new contract, if this was the first or second divorce. The waiting period for a divorced woman is three menstrual cycles if she menstruates, or three months if she does not menstruate, or delivery of the baby if she is pregnant.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/142852
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 142852
- Added here
- . 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.
- Read the full ruling
- Read the full answer on Ftawy