Does the husband’s statement to his wife: "I won't leave you unless you want to leave me or divorce me" constitute an explicit delegation, a metaphorical one, or no delegation at all, especially since the wife responded to him with an explicit utterance in the same sitting?
The reality of tafwid (delegation of the right to divorce) is the transfer of the ‘isma (right to divorce) to the wife by an explicit pronouncement from the husband, such as: "Divorce yourself if you wish." This does not require the husband's intention due to the clarity of the wording. However, if the wording is not explicit, such as: "Choose yourself," or "Your affair is in your hand," then it does not constitute tafwid unless it is accompanied by the husband's intention. The wording mentioned in the question is not considered tafwid because it does not give the wife the choice, ownership, or delegation of divorce. Therefore, nothing results from it, and the marital ‘isma (right to divorce) remains.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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