Fatwa ID: 01293
Answered by Mufti Mohammed Tosir Miah
Question:
Would Talaq be done from the aforementioned text messages
Answer:
In the name of Allah, the most Beneficent, the most Merciful.
Before we look at your question and the Islamic rulings to each text sent by the husband to his wife, I would firstly like to mention the Islamic ruling on divorce or Talaq given by email or text message.
There are two types of written divorce:
- Marsumah
- 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, when the husband wrote on the email, “Talaq” and sent it to the wife, then this becomes a formal letter, thus Talaq will occur. (Raddul Muhtar p.456 v.4)
As soon as he emailed the message the letter became Marsumah, i.e. addressed to the wife thus talaq will occur without an intention of talaq or not. If he had not sent it but just typed ‘Talaq’ thrice, then it will depend on the intention of the husband.
Let’s now have a look at your question and the answer to each text message whether Talaq has occurred or not. The following text messages were all sent on 6th February 2012.
12.01pm I have given talaq soon u receive the post if u do then this kind of text again I am gonna (going to) give 3 time by sending text massage or on the phone inshallah.
Answer: In this text message One Talaq will occur. The word Talaq is a clear word used for divorce; hence, intention is not required. Therefore, One Talaq without doubt will occur.
The words which effect divorce are of two types:
1) Clear and plain words (sareeh)
2) Ambiguous and allusive words (kinaya)
Sareeh means expressly pronouncing the word divorce or words derived from it, such as: “I divorce you” or “you are divorced” etc.. Clear and plain words effect divorce whether one intends divorce by them or not. (Hidayah, V2, P359, Raddul Muhtaar, V2, P465, Hindiyah, V1, P354)
Kinaya means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not effect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Hidayah, V2, P373, Raddul Muhtaar, V2, P501, Hindiyah, V1, P374)
The kinaya words effect talaaq e bain (distinct divorce) when one intends divorce by them. (Hidayah, V2, P374, Raddul Muhtaar, V2, P507)
1.46pm I do not want u to keep like this I do not want to give gap umrah & haj at least after talaq. You can go with your family and there is lost reason too.
Answer: Talaq would not occur with this text message.
2.03pm Talaq is last solution for me do not text regarding this again.
Answer: Talaq would not occur in this case. An Inshaa sentence (Instituting a new divorce) is required for Talaq to occur, Considering a Talaq to one’s wife would not execute a Talaq.
Text messages sent by husband to his wife on 10th March 2012.
6.44pm Do no send me junk text messages again last chance talaaq let me
deal my way should be soon inshahllah.
Answer: The aforementioned situation seems to indicate that he is warning his wife of giving a Talaq, but did not actually give her one. Therefore, Talaq would not occur.
6.50pm soon soliciter ll post court marriage divorce + talaaq this is not a threat if the is 1st work.
Answer: His notifying his wife of a Talaq which he gave before. A new Talaq would not occur.
7.00pm I Naveed Bashir give You (Surriya Ayub Valli Patel) TALAAQ.
Answer: Talaq will occur, even though he had no intention.
8.13pm I do not want to repeat 1997 in me again mentally I have given the talaaq already by words Inshalah any time on the phone by paper court marriage Ill end it soon Inshalah on the phone make sure Eshan not there I call Imran Bhai to clarify everything inshahalah.
Answer: Talaq will not occur. He is notifying his wife of the Talaq given before. (Fatawa Uthmaani p.333 v.2)
8.24pm If u cannot care Eshan just give to me I’ll leave everything care of him u go to your family liv happily with Shaba bringing you in my life mean starting 1997 again only I know 3 words 4 u TALAAQ TALAAQ AND TALAAQ
Answer: Three Talaqs will occur.
From the aforementioned text messages sent by the husband to his wife we can actually determine that in total the husband gave his wife Talaq five times. In a nutshell, his wife is now haram for him forever and it is not permissible for him to live with her again. (Fatawa Darul Uloom Deoband p.158 v.10)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham
