Does sending a letter or messenger constitute speaking (kalam) if one swore not to speak to someone?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If one swears not to speak to a specific person and then writes a letter to them or sends a messenger to them, the oath is broken (hanith). This ruling is explicitly stated by Ahmad and mentioned by Al-Kharaqi. The evidence for this is the saying of Allah Almighty: {And it is not for a human that Allah should speak to him except by revelation, or from behind a screen, or by sending a messenger} (Quran 42:51). Furthermore, the purpose of swearing off speaking is to sever contact, which is not achieved while maintaining communication through messengers and letters.
Supporting text
It is plausible that the oath is not broken unless the person intends to sever communication through this means, as sending a messenger or letter is not considered actual speaking (*takallum*). If one swore to speak to someone but only sent a messenger to inquire about a legal matter or a Hadith, and the messenger returned after asking, the oath is not broken by this action alone.