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The question

Is it permissible for a wife authorized to divorce to make it contingent upon a condition, and is the authorization voided by sexual intercourse or by her saying, "I have revoked the authorization"? And is it permissible for a wife whose divorce is contingent upon her will to make her will contingent upon an action or event?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

"Tafwid al-talaq" (delegated divorce) is when a husband tells his wife: "Divorce yourself" or "Choose yourself." Jurists divide it into "sareeh" (explicit, using the word divorce) and "kinayah" (allusive, using other words). The delegation is invalidated by sexual intercourse, by the wife's rejection, or by the husband's revocation. The wife does not have the right to make the delegation conditional; if she does, it is invalid. Regarding the timing of the delegation, if it is absolute, the majority of scholars hold that it is restricted to the session of knowledge (majlis al-ilm), while the Hanbalis are of the view that "your affair is in your hand" or "divorce yourself" allows for delay, and "choose yourself" is restricted to the session. If the wording of the delegation includes all times, then she has the right to divorce herself whenever she wishes. If it is restricted to a specific time, her right continues until that time expires.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
8207
Imported
Translation status
Source text, unreviewed
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