the "Irshad" based on two narrations; one of them is that it occurs, which is the view of al-Sha'bi, al-Nakha'i, al-Zuhri, and al-Hakam, for the reason we have mentioned. The second is that it does not occur unless with intention; this is the view of Abu Hanifa, Malik, and the text narrated from al-Shafi'i, because writing is ambiguous; it may be intended for testing the pen, improving handwriting, or causing distress to the family, so it does not occur [without] intention, just like the allusions of divorce. If he intended by that the improvement of his handwriting or the testing of his pen, it does not occur, because if he had intended something other than the implementation of divorce by a verbal utterance, it would not occur, so writing is even more so. If he claims this, he is believed between himself and Allah the Exalted, and it is also accepted in a legal judgment according to the most correct of the two opinions; for this is accepted in an explicit verbal utterance according to one of the two opinions, and therefore it is more appropriate here since it is not a verbal utterance. If he says: "I intended to distress my family," it has been stated in a narration from Abu Talib, regarding someone who wrote the divorce of his wife and intended divorce: "It occurs, and if he intended to distress his family, he has also worked towards that." This means that he is held accountable for it, due to the saying of the Prophet, peace and blessings of Allah be upon him: "Indeed, Allah has pardoned my nation for what their souls suggest to them, as long as they do not speak of it or act upon it." The apparent meaning of this is that he has implemented the divorce, because distressing his family is achieved through the divorce, so both the distressing of his family and the occurrence of his divorce are combined, just as if he had said: "You are divorced," intending by it to distress her. It is also possible that it does not occur, because he only intended to distress his family by the illusion of divorce, not its reality; thus, he would not be intending the divorce, and the report only indicates holding him accountable for what he intended when he acted upon it or spoke of it, and this person did not intend divorce, so he is not held accountable for it.

Section: If he writes it with something that is not permanent, such as if he writes with his finger on a pillow, or in the air, the apparent meaning of the words of Ahmad is that it does not occur. Abu Hafs al-'Ukbari said: It occurs. Al-Athram narrated it from al-Sha'bi, because he has written the letters of divorce, so it resembles the case where he writes it with something permanent. The first opinion is better, because writing that is not permanent is like whispering with the mouth in a way that is not clear, and in that case it does not occur, so it is even more so here.