then the sale is not concluded. Thus, if he says, “Divorce is binding upon me,” we say: Since you have made it binding upon yourself, then divorce her; but if you do not divorce her, no divorce takes effect. This view is correct: it is neither a divorce nor an oath, unless he mentions what he is swearing to, such as by saying, “Divorce is binding upon me if I do such-and-such.”
However, if it becomes customary among people that when a person says, “Divorce is binding upon me,” it is equivalent to saying, “You are divorced,” then we return to the general principle: people’s speech is understood according to what they recognize in their customary language. On this basis, it counts as a divorce. Yet, in terms of its linguistic meaning, it is not a divorce—just as if someone were to say, “The sale of this house is binding upon me,” “The endowment of this house is binding upon me,” or “The leasing of this house is binding upon me,” and the like: none of this brings the transaction into effect. Likewise, if he says, “It is binding upon me to rescind the sale of this house,” the sale is not rescinded.
Thus, a formula of this kind is neither a contract nor a rescission. If it is a statement reporting something, then it has no effect; and if it is a commitment, we say: bring about the cause so that the resulting legal effect may occur.
His statement, “or ‘it is binding upon me’”: that is, “Divorce is binding upon me.” It is like the first expression. According to the established school, it is a divorce, whereas the correct view is that this is a commitment, not an enactment of divorce. If it is reporting something that occurred in the past, we say: “By what did it become binding upon you?” If it is a commitment concerning something in the future, we say to him: “Bring about its cause, or divorce her so that the divorce takes effect.”
These, then, are four issues: “You are divorce,” “You are divorced,” or, according to the variant textual readings, “You are divorce”; “Divorce is binding upon me”; and “Divorce is binding upon me.” According to the established school, the ruling in all four of these cases is the same, namely: