Fatwa ID: 08970
Answered by Maulana Iqtidar Ahmed
Question:
If a husband was to say,
إن كلّمت فلانة/إن كلّمتني فزوجي طالق
And he was to block the fulanah’s number to ensure they don’t talk. Then the fulanah ends up texting him from another number and he doesn’t know it was her so he replies to her. In this case, will the divorce occur?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
This is a sensitive matter, and such statements should be avoided.
In principle, the ruling would depend on the exact wording and intention, as well as how the communication took place. [1] Given the details provided are not sufficient, you should consult a qualified mufti with full context for a definitive ruling.
Only Allah ﷻ knows best.
Written by Maulana Iqtidar Ahmed
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
Ibn Abidin, Radd Al-Muhtar Ala Ad-Durr Al-Mukhtar, vol 3, p.793, Kitab Al-Ayman (Dar Al-Kutub Al-Ilmiyyah).
الكلام ) والتحديث ( لا يكون إلا باللسان ) فلا يحنث بإشارة وكتابة