it is merely regarded as a promise. If he writes it later, the divorce takes effect; otherwise, it does not.

Similarly, if he goes to a scribe and says, “Write out the divorce of my wife, so-and-so,” does she become divorced by these words, or does she not become divorced until he writes it?

We say: if he intends for the scribe to record a divorce that he had already pronounced, then the divorce took effect through the previous verbal pronouncement, and the instruction here is only for documentation.

But if he says, “Write out the divorce of my wife,” appointing him as his agent to divorce her now, then she is not divorced until he writes it, because he has authorized him to effect the divorce in writing, and that has not occurred. Thus, we say: so long as he has not written it, nothing has taken place.

Therefore, if he says, “Write out the divorce of my wife,” the scribe may ask: “Is she in a state of purity during which you have not had intercourse with her? Is she menstruating? Is she pregnant?” This is so that the time in which divorce is lawful may be determined, after which he writes it accordingly. He may also advise him, saying: “Wait, for Allah says:

‘But if you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good.’ [al-Nisa’ 4:19]”