Is the husband's intention of delegation or choice a prerequisite for transferring infallibility to the wife and her divorcing herself, and is the husband's saying to his wife: "Will you live with me or divorce?" and her reply: "I will divorce," considered a divorce or a delegation despite neither of them intending divorce?
If the husband explicitly authorizes his wife to divorce herself, and the wife accepts and explicitly divorces herself, the divorce takes place without the need for intent from either of them. However, if the husband's wording is not explicit, then he is to be believed regarding his lack of intention to authorize. If the wording used by the wife to divorce herself is not explicit, then it reverts to her intention. Some scholars are of the opinion that the authorized wife cannot effect a divorce with non-explicit wording.
Delegating the authority of divorce to the wife with explicit wording does not require intention, but with non-explicit wording, it depends on the husband's intention.
The husband's question, "Do you want to divorce yourself?" is not considered an authorization for divorce unless the husband intended it as such. Nothing results from it as long as the husband intended to inquire and not to authorize.
The matter depends on the phrasing used for the authorization. If it is explicit, there is no need for intention. Otherwise, each spouse is to be believed regarding their intention.
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- 146560
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