Is a Divorce Valid If the Wife Never Received the Message?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
After a fight, I asked my husband for a divorce but later tried to reconcile. He claims he issued one talaq via text a week before informing me, but I never received it. He promised to resend it via email but didn’t. We later discussed and agreed to work things out. Is the talaq valid, and what steps should we take to avoid sin?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question.
The divorce he sent you via text message occurred even though you didn’t receive it. However, since you mentioned that you reconciled and agreed to work things out, this constitutes a revocation of the divorce, and there is no need to take further action. You both just need to make a renewed commitment and work on your marriage. See the detailed answers below.
Revoking a Divorce and Reconciliation
If a person pronounces divorce privately but with clear words, like in the above case, it will effect divorce. The reason is that this is a clear statement of words of divorce.
One revocable (raj‘i) divorce will be effected. To revoke a divorce, one needs to say, ‘I take you back,’ or engage in any act that displays intimacy, such as a kiss or a hug. They become a married couple again. [Maydani, al-Lubab fi Sharh al-Kitab; Ibn ‘Abidin, Radd al-Muhtar]
Seeking Further Guidance
We urge you to consult a reliable local scholar about the specifics of the situation, Jazakum Allah Khayr!
I would like you to go through the valuable answers and links below. In sha’ Allah, you will receive guidance and direction.
Related
- What Makes Marriage Work?
- Etiquette of Marriage: A Comprehensive SeekersGuidance Reader
- marriage and divorce Archives – SeekersGuidance
- Love, Marriage, and Relationships in Islam: All Your Questions Answered
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
