Does a man's statement to his wife: "Do you want to be divorced, then get divorced," constitute delegating, authorizing, or giving the wife the choice to divorce, and does divorce occur thereby, and is it nullified by intercourse or by restricting the session, and is it considered authorization or delegation if his intention was not so?
The phrase mentioned is an explicit authorization for the wife to divorce herself, which does not require an intention, and if the wife divorces herself, her divorce is valid. The majority of jurists restrict this right to the session (majlis), whereas the Hanbalis do not see it as restricted to the session. And according to both opinions, the wife's right to divorce herself is nullified if the husband retracts the authorization or has intercourse with her.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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