Undefined Type Of Talaaq Via Whatsapp

Question

If the husband wrote to the wife via whatsapp that I give you one talaaq without mentioning whether it was raji or baain but the wife then says that this is baain and the husband being under the impression that a written form of talaaq is baain attests by saying that yes this baain (unknowingly that it is clear words of talaaq therefore it should only constitute one raji), is this talaaq raji or baain?

Answer

 When a person uses the clear words of Talaaq (not adding anything after it such as Baa’in) then Talaaq Raj’ie takes place. Even if he make an intention for a Baa’in, then too only Talaaq Raj’ie will take place. In Talaaq Raj’ie intention does not matter; thus afterwards even though the husband attests to the wife saying yes this is Baa’in, then too it will be considered as Talaaq Raj’ie.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

(يجب) وظاهر الآية أنه فرض نهر ج ٦ ٥ (وتقع واحدة رجعية، وإن نوى الأكثر أو الإبانة أو لم ينو شيئا) بيان لأحكام الصريح وهي ثلاثة الأول وقوع الرجعي به ولا تصح نية الإبانة
البحر الرائق ج٣ ص ٢٥٥

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