Fatwa ID: 01281
Answered by Mufti Mohammed Tosir Miah
I have a very big problem and was hoping you could help me, I had written a letter which stated that I have given my wife 3 divorces. I did not say it to her, nor did I send the letter to her. Is my divorce valid? Me and my wife have decided that we would like to sort out our differences. I do not wish to divorce her. I have not told her that I have written the letter nor do I wish to give it to her. I have spoken to 3 imams who have said my divorce is valid. Please advice me if my divorce is valid then can I re marry her?
In the name of Allah, the most Beneficent, the most Merciful.
There are two types of written divorce:
- Ghair Marsumah
Marsuma is where the letter is addressed to his wife and Ghair Marsumah is where the letter is not written to his wife. Then Marsuma and Ghair Marsumah have two types: clear and understandable writing and unclear and unreadable writing. Example of the first one will be writing that is written on a piece of paper, wall or ground in a way which is understandable and examples of unclear writing will be writing in the air, on water or on something in a way that is not understandable or readable.
In a situation where the writing is unclear, divorce will not occur irrespective whether it is Marsumah or Ghair Marsumah or whether he made an intention or not.
In a situation where the writing is clear but it is not directed or written to his wife for example he typed the word ‘divorce’ or ‘Talaq’ then talaq will occur if he made an intention.
In a situation where the writing is clear and it is directed or referred to his wife for example he says ‘O Zainab! I have given you divorce,’ then talaq and divorce will occur irrespective of whether he makes an intention or not. (Fatawa Hindiyyah p.378 v.1)
With regards to your question, if you wrote on a piece of paper three talaqs and you attributed it to your wife, for example you said “I have given my wife Zainab three talaqs, then without doubt three divorces will occur. However, if you wrote three talaqs on a piece of paper without directing it to your wife then it is dependant on your intention. If you intended three talaqs, three talaqs will occur and your wife will be unlawful upon you. Otherwise, no talaqs will occur.
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham