She swore that she would not speak to her and she sent her a text message; has she broken her oath?

Question

Praise be to Allah.

If a person swears
that he will not speak to someone, then writes a message to him, there is a
difference of opinion among the fuqaha’ as to whether he has broken his
oath. The Hanafis and Shaafa‘is say that he has not broken his oath.

The Maalikis and
Hanbalis are of the view that he has broken his oath; they regard sending
messages and letters as coming under the same heading as speaking.

But the more
correct view is that writing is not regarded as speaking. However we should
examine the intention of the one who swore the oath and the motive that made
him swear that oath. If he intended only to prevent himself speaking
verbally, then he has not broken his oath. If he intended to prevent all
kinds of communication, or if the motive for swearing the oath was that he
did not want to communicate at all, then he has broken his oath by writing.

It says in
al-Mabsoot (9/23): If he wrote to him or sent a message, he has not
broken his oath because we stated that speaking can only be verbal. Do you
not see that none of us regards it as permissible to say “Allah spoke to
me”, although His Book and His Messenger have come to us? Rather we say that
Allah spoke to Moosa, because he heard His words without any intermediary.
End quote.

It says in
Kashshaaf al-Qinaa‘ (6/259): If he swears not to speak to anyone, he
breaks his oath by speaking to any person, male or female, young or old,
sane or insane. If the one who swore the oath writes a letter or sends a
message with a messenger, he has broken his oath, because Allah, may He be
exalted, says (interpretation of the meaning): “It is not given to any
human being that Allah should speak to him unless (it be) by Inspiration, or
from behind a veil, or (that) He sends a Messenger” [ash-Shoora 42:51].
And ‘Aa’ishah said: What is between the covers of the Mushaf is the words of
Allah. And because this a means of communicating with people, so it is like
speaking. However, it says in ash-Sharh wa’l-Mubdi‘: The correct view is
that this is not speech. But if he intended not to communicate with him or
if the reason for his oath was the intention to shun him, then he has broken
his oath, unless the one who swore the oath intended not to speak verbally
to him, in which case he has not broken his oath by writing or sending a
message. End quote.

See: Mawaahib
al-Jaleel, 3/299; Mughni al-Muhtaaj, 6/218

Secondly:

If she did not
break her oath and there was something good to be attained by speaking to
this woman, then she should speak to her and offer expiation for breaking
her oath, because of the hadeeth of ‘Abd ar-Rahmaan ibn Samurah (may Allah
be pleased with him) who said: The Messenger of Allah (blessings and peace
of Allah be upon him) said: “If you swear to do something then see that
something else is better than it, then do that which is better and offer
expiation for your oath.”

Narrated by
al-Bukhaari, 6343; Muslim, 1652

It was narrated
that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of
Allah (blessings and peace of Allah be upon him) said: “Whoever swears an
oath then sees that something else is better than it, let him do that and
offer expiation for his oath.”

Narrated by
Muslim, 1650

But if the oath
was broken by writing to her – according to the details discussed above –
then she is no longer bound by her oath and she may speak to her, but she
has to offer expiation for breaking her oath.

And Allah knows
best.