—can bring about divorce only if it is an expression that can bear the meaning of divorce; as for what cannot bear that meaning, it is of no consequence.

It says in al-Rawḍ: “If he writes an explicit declaration divorcing his wife in a form that remains legible, divorce takes effect even if he did not intend it, because it is explicit in that regard” (1). This is because writing is explicit, as Allah Most High says:

“O you who believe! When you contract a debt for a fixed term, write it down.” [al-Baqarah 2:282]

And the Prophet, may Allah’s peace and blessings be upon him, said: “It is not right for a Muslim who has something to bequeath to spend two nights without having his will written down with him” (2).

Thus, if he writes it in a form that remains legible, divorce takes effect—for example, if he writes, “My wife, so-and-so, is divorced.”

His words, “in a form that remains legible,” exclude the case where he writes it in a form that does not remain legible—for example, if he writes on a wall with his finger, “My wife, so-and-so, is divorced,” or writes, “My wife, so-and-so, is divorced,” on water. In such cases divorce does not take effect. There is now ink that remains visible but disappears after ten seconds; the apparent meaning of the jurists’ statements is that, if it remains visible even for a moment, it constitutes a divorce.

It says in al-Rawḍ: “If he says, ‘I intended only to improve my handwriting,’ or, ‘to distress my family,’ his claim is accepted” (3). That is, he may say: “I wanted to learn writing, so I wrote, ‘My wife, so-and-so, is divorced,’ but I intended nothing beyond that.” His claim is accepted. Or he may say: “I intended that, when she saw the paper, she would be distressed; I did not intend divorce.” They say that he—