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Telling someone to write Kinayah words

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Telling someone to write Kinayah words

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

If someone writes out a divorce on behalf of the husband and the writer reads it out to the husband who thereafter signs it and presents this to the wife, then it will be considered as a divorce.  Admission is necessary for all written words, whether the person writes the divorce himself or a third party has written it on his behalf.  If a person denies having any knowledge of it then the divorce will not occur.  (Raddul Muhtar p.456 v.4)

With regards to your question if you told someone to write the kinayah or ambiguous words of divorce then divorce will occur.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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