Does a divorce take place if a man delegates the matter of her divorce to his wife, then revokes this delegation within himself without informing her, and then the wife divorces herself in a moment of anger? And are witnesses required to take her back if the divorce takes place?
Your statement to your wife: "Your affair is in your hands, and your divorce is your possession," with the condition of Saturday's arrival, is a delegation [of authority] to your wife to divorce herself. However, the preponderant opinion is that this delegation is void because it is conditioned on a future time. As for your retraction of the delegation of divorce, there is a difference of opinion among scholars: some consider it to invalidate the delegation, while others deem it null and void. Therefore, if a dispute arises between the spouses and the wife divorces herself, the matter must be referred to the court for resolution, with the caveat that it is not permissible for the wife to seek divorce without a legitimate religious excuse.
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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