Does the divorce statement "You are divorced" take effect via a text message during menstruation and before full consummation, if the husband did not intend divorce and stated that he intended harm?
The ruling on writing an explicit divorce statement in mobile messages without uttering it is a matter of scholarly disagreement. Is it considered like an explicit verbal utterance, not requiring intention, or is it a metaphorical expression requiring intention?
- According to the view that it is a metaphorical expression: Divorce does not occur as long as the husband intended annoyance and did not intend to effect a divorce. - According to the view that it is like an explicit verbal utterance: Divorce occurs, even if the wife was menstruating at that time.
In the event of its occurrence after a valid privacy (khalwah sahihah): - Hanbali school: The husband can take back his wife during her ' without a new contract. - Majority of scholars: The divorce results in a final separation (baynunah), and the husband cannot take back his wife except with a new contract and dowry.
We advise presenting this issue to trustworthy scholars.
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