Does a divorce that occurred via text message on a mobile phone, for a Christian wife, with three pronouncements in one sitting, and during a period of purity in which he had intercourse with her, count?
A written divorce takes effect if divorce is intended by it. Divorcing a wife during a period of purity (tuhr) in which he had intercourse with her, or divorcing her while she is pregnant without his knowledge, is an innovated divorce ( bid'i) and is forbidden by consensus. The (religious edict) states that an innovated divorce (talaq bid'i) takes effect, and that a triple divorce counts as three if the word "divorce" is repeated and the intention is three. However, if the intention is to emphasize the first utterance, then only one divorce takes effect. If it is written: "You are divorced by three," then three divorces take effect, even if only one was intended. Some scholars hold the view that only one divorce takes effect in the case of a triple divorce pronounced with a single utterance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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