Is a divorce valid if written in a way that is not visibly permanent or discernible?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
A divorce is not valid if the writing is imperceptible, such as writing with a finger on a cushion or in the air. This is supported by the apparent view of Ahmad. This act is likened to whispering words of divorce that cannot be discerned by others, which consequently results in no divorce occurring, making this ruling more appropriate for imperceptible writing.
Supporting text
The view of Abu Hafs al-Ukbari holds that such writing does constitute a divorce. This position is related via Al-Athram from Ash-Sha'bi, based on the precedent of writing the letters of divorce in a manner that becomes discernible, thus resembling writing with a discernible substance.