Does sending a letter or dispatching a messenger violate an oath sworn not to speak to someone?
General Chapter
Al-Mughni
Book of Expiations
Primary text
The majority of our companions, along with Malik and Al-Shafi'i, hold that sending a letter or dispatching a messenger does not constitute breaking an oath sworn not to 'speak' (takallum), unless the speaker intended by the oath to cease all forms of contact (like cutting off correspondence or connection). The essence of 'takallum' involves vocal communication using letters and sounds, and the Quran distinguishes between Allah speaking directly and sending a messenger (risalah) or revelation (wahy). Thus, one can truthfully deny speaking ('I did not speak to him') even if they wrote or sent a message.
Supporting text
Some scholars argue that a letter can be equivalent to speech in certain contexts if the intent of the oath was to abandon all forms of contact, meaning the oath is tied to what is generally intended by such an oath. This view is supported by Ahmad's statement that a letter can function as speech in some situations. Al-Thawri, Abu Hanifa, Ibn al-Mundhir, and Al-Shafi'i (in his later opinion) also maintained that sending a message does not break the oath.