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| Giving written divorce but changed his mind before letting the wife see the paper |
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Question: The husband wrote on a piece of paper intending to divorce his wife, but later on he changed his mind and ripped it. The wife was not aware of his actions. Is she considered divorced or the divorce is not active until she has seen the paper? Answer: The letter is divded into two parts: a) The person wanted the writing to take effect, or wanted to divorce using the same effectiveness of writing, this is what initializes a divorce even if no one has seen him or the letter did not reach the wife yet. The second type: writing which represents an intention upon an action but not to enforce it until it has been responded by people, because if he wanted to see it enforced he would have made it witnessed by others, this type is not a divorce, but a determination to divorce, scholars have noted the difference between refusal of intention and intention of refusal: Intention of refusal: a person intents breaking of prayer or breaking of fasting as an example, or he intents divorce in reality so this is intention of refusal. As for refusal of intention, it is a person making an intention like intention of prayer so he intents to break it or to come out from it or he intented fasting then he intents to break it or come out from it. So intention of refusal represents intention for an action which did not occur yet and refusal of intention represents refusal for the action which has occured. So, refusal of intention achieves what was intended by it and intention of refusal does not achieves its intent until something occurs which finalises it. therefore, if the letter was written with intention to enforce divorce then it will be taken into account as one divorce and he can take her back within her iddah period. But, if he did not wanted to enforce divorce by that letter except until it has reached her or other family members then it has no effect on their marriage. |
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