Does superficial intercourse—due to the impossibility of penetration—nullify the husband's delegation to his wife regarding her marital infallibility ( عصمة ), or is full intercourse necessary to nullify it? What are the wordings that nullify the delegation, and is merely saying: "O Lord, if my husband has delegated me, I do not wish to act on this delegation" sufficient to nullify it? Do foreplay acts such as embracing and kissing nullify the delegation?
The Maliki jurists have stipulated that a wife's delegated authority to divorce (tafwid) is rescinded by her allowing her husband to engage in sexual intercourse or its مقدمات (preliminaries). Among the other factors that invalidate this delegation are: a clear verbal rejection of the delegation, the expiry of the time frame within which the delegation was granted, and the husband taking his wife back after a revocable divorce (baynunah sughra). The wife's statement, "I do not wish to act upon this delegation," is not an explicit rejection. However, the delegation is nullified by the wife allowing her husband to enjoy her and by the expiration of its designated time, as the majority of scholars hold the view that such delegation is restricted to the immediate session (majlis).
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- Original fatwa ID
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