is not a condition for judgment or agency, so the command regarding that is one of guidance and recommendation. If we say they are two agents, they shall not act until the man authorizes his agent regarding what he sees fit of divorce or settlement, and the woman authorizes her agent in Khul' and settlement according to what he sees fit. If they refuse to authorize, they shall not be forced. If we say they are two arbitrators, they shall execute what they see fit of divorce and Khul', and that shall be binding upon them, whether they are satisfied with it or refuse it.

Section: If the couple or one of them is absent after the appointment of two arbitrators [12], it is permissible for the two arbitrators to execute their decision if we say they are two agents, because agency is not nullified by absence. If we say they are two judges, it is not permissible for them to execute the judgment, because each of the spouses is a party for whom and against whom judgment is made, and judgment against an absent person is not permitted, unless they both have authorized them, in which case they act based on the authorization, not based on the judgment. If one of them has authorized them, it is permissible for his agent to perform what he was authorized for during his absence. If one of them becomes insane, the authority of his agent is nullified, because agency is nullified by the insanity of the principal. If he was a judge, it is not permissible for him to judge, because one of the conditions for that is the persistence of the dispute and the presence of the litigants, and this is not realized with insanity.

Section: If the two arbitrators stipulate a condition that the couple did not stipulate [13], it is not binding, such as if they stipulate [14] the abandonment of some of the maintenance and division; it is not binding to fulfill it, because if it is not binding by the consent of the principals, then it is even less so by the consent of the agents. If the wife's agent grants release from the dowry or a debt owed to her, the husband is not released [15], except in the case of Khul'. If the husband's agent grants release from a debt owed to him, or from the man, the wife is not released, because they are agents regarding what pertains to reconciliation, not in the relinquishment of rights.