What is the Sharia ruling regarding a wife who called her husband from her mobile phone after he had told her: "If you call my mobile from your mobile, you are divorced"?
If the intention was for the divorce to occur when the wife calls from her mobile phone, then divorce does not occur by the daughter calling and then speaking with the wife. However, if the intention was for divorce to occur merely by speaking with the wife from her mobile phone, whether she initiated the call or not, then divorce does occur in that case. Intention is important in this matter because it specifies and restricts the general wording. The majority of scholars hold that divorce occurs upon the fulfillment of the condition, and this is the view of the four madhhabs, contrary to Ibn Taymiyyah, who holds that an expiation for an oath is required if divorce was not intended.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 99453
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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