his claim is accepted, even though they say that writing is explicit, and the least consequence of an explicit declaration is that its maker is held to it in religious judgment—that is, we accept his claim if the woman agrees to it; otherwise, the judge compels him to divorce. The reason they distinguish here between writing and verbal utterance is that customarily, one who wishes to write out the divorce of his wife does not do so in this manner; rather, he must bring witnesses, date the document, and treat the matter with due formality. This is the apparent rationale—and Allah knows best. Otherwise, upon reflection, there is no difference between the two.
If the woman asks him for a divorce and he writes it out, then says, “I only intended to distress my family,” or, “I only meant to improve my handwriting,” his claim is not accepted, because the contextual indication proves him false.
Or a woman may ask her husband to write out her divorce, and he says: “That is fine; I will write the divorce, but on condition that you keep it with you so that no one sees it.” He then writes: “I say, while writing these letters, I, so-and-so son of so-and-so: if my wife longs for me, she may kindly come,” and gives her the paper. She thinks that this is the divorce. When her waiting period has passed, she tells her family that her husband has divorced her; but when they open the paper, they find that the matter is contrary to divorce.
This is what they call tawriya—deliberate equivocation: its apparent meaning to her is that he has divorced her, whereas in reality he has not divorced her.
If his wife says to him, “Divorce me,” and he replies, “After two or three days,” then the two or three days pass and he does not divorce her, nothing has taken effect, because a promise is not an enactment. This frequently happens among people. For example, he may say, “Go to your family, and I will write your document,” or, “Your document will follow you,” and then afterwards he does not write the divorce. If he did not intend divorce by his words, “Go to your family,” then