Divorce in Writing

Question :

A man was sitting with his sister and he asked her to "Divorce, divorce" without addressing it to anyone, then his sister took the pen and wrote three times: "Divorce, divorce, divorce." Then he threw the paper to his wife and said to her:
"Look at what I have written, is it correct?" And he did not intend to write these words to his wife."

Answer:

This divorce is not counted upon the woman mentioned, if he did not intend divorce by it, but only intended writing by it or intended something else other than divorce, according to the words of the Prophet ﷺ :
"Deeds are according to intentions."

This is the view of a large number of the scholars. Some of them have said that it is the saying of the majority, because writing carries the same meaning as an unclear statement, and divorce does not occur as a result of an unclear statement without an intention, according to the most authoritative of two opinions held by the scholars. This is the case unless the writing is accompanied by something that proves the intention to pronounce divorce, in that case, it would be counted. There is nothing in the aforementioned incident which proves that he intended to pronounce divorce, so the basic principle in the matter is that the marriage remains valid and the deed is according to the intention.

I ask Allah to grant success to all in understanding His religion, and to keep them firm upon it, for Verily, He is, Most Generous, Most Kind.

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