The Sharʿī Ruling on Divorce Issued Without the Wife’s Knowledge
Source: Aḥkām wa Masāʾil, Masāʾil-e-Ṭalāq, Volume 1, Page 334
❀ Question
If a man writes and issues a divorce to his wife, but that written divorce does not reach her, will the divorce still take effect, or is the wife’s knowledge of it necessary?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
In this case as well, the divorce does take effect, even if the woman is unaware of it.
The evidence is the saying of Allah Taʿālā:
﴿وَإِذَا طَلَّقۡتُمُ ٱلنِّسَآءَ فَبَلَغۡنَ أَجَلَهُنَّ﴾
— Al-Baqarah: 232
Translation:
“And when you divorce women and they have reached the end of their waiting period…”
This verse is proof that the occurrence of divorce is not dependent on the wife’s knowledge. Once the husband pronounces the divorce, it becomes effective, even if the wife comes to know of it later.
ھذا ما عندي والله أعلم بالصواب
