Delegating a person to divorce the wife
Q 1: I have two wives. I had a dispute with one of them, so I appointed a Wakil (legally accountable person who acts on behalf of another for a specific permissible matter) to divorce her. After three months, I met the Wakil and he told me that he did not divorce her, so I took my wife back in marriage. Afterwards, disputes erupted between us, so I searched for a shaykh to divorce her but I did not find one. What is the ruling on this?
A: If the reality is as you mentioned; that you appointed someone to divorce your wife and after a while you discovered that he did not divorce her, she would not be considered divorced just because you authorized him to divorce her as long as he did not fulfill what you entrusted him to do. Likewise, your intention to divorce your wife and going to a shaykh to end the marriage would not be considered a divorce as long as you did not utter the wordings of divorce or write them. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
Delegating a person...
Tags:
