Is the delegation of divorce to the wife revoked if she audibly revokes the delegation but her husband does not hear her? And does her divorce of herself take effect after this revocation?
If a husband gives his wife the option to divorce or delegates the divorce to her, and then the wife rejects this option or delegation, her right to effect the divorce is voided. It is not permissible for her to divorce herself after this rejection. Ibn Qudamah mentioned that a woman's statement: "I choose my husband," or "I choose to remain married," or "I reject the option," invalidates the option. The husband's knowledge of the invalidation of her right to divorce is not a condition, by analogy with an agent dismissing himself, where the agency becomes void even if the principal is unaware of it. Delegation and giving an option are considered a form of agency in divorce, and if the woman rejects what was given to her, it becomes void just as agency is voided by the agent's rejection.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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