assalamualaiykum wa rahmatullah mufti saheb, A very important query: One person intending to give his wife one talaq, wrote in his mobile an SMS:”I give one talaq to you.” but, then thinking different things, he did not send the SMS at all. will this result in talaq? jazakallah for yr reply.
Answer
(Fatwa: 2544/1988=H/1429)
In the abovementioned case, one Talaq took place, whether the SMS was sent or not. Actually, in Fiqh term, SMS is a text (mustabinah ghair marsumah) which if written by husband with the intention of talalq will be valid. This has been discussed in detail in Fatawa Hindiyah and Fatawa Shami under the title: fasl fit Talaq bil kitabah.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband