three times. It is not permissible for her until he possesses the capacity to reason [concerning] divorce. It was said to him: What if he has a young wife, and she said: "Delegate my affair to me." He said to her: "Your affair is in your hand." She said: "I have chosen myself." Ahmad said: "It is nothing, unless one like her possesses the capacity to reason [concerning] divorce." Abu Bakr said: "It is not valid for him to appoint an agent until he reaches puberty." And he narrated it from Ahmad. As for us, whoever has valid authority to act in a matter in which agency is permissible, it is valid for him to appoint an agent and to act as an agent himself, like the adult. What has been narrated from Ahmad regarding the prohibition of this pertains to the narration that does not permit his divorce, if Allah the Almighty wills.

Section: As for the mentally incompetent person (safih), his divorce takes effect according to the opinion of the majority of scholars, including al-Qasim ibn Muhammad, Malik, al-Shafi'i, and Abu Hanifa and his companions. Ata' prohibited it. The superior view is its validity, because he is legally responsible (mukallaf) and possesses the domain of divorce, so his divorce takes effect like that of a person of sound judgment (rashid). The interdiction placed upon him regarding his wealth does not prevent his actions in matters other than those for which he is interdicted, similar to the bankrupt person.

1255 - Issue: He said: "And whoever is coerced into divorce, it is not binding upon him."

There is no difference of opinion in the narrations from Ahmad that the divorce of the coerced person does not take effect. This has been narrated from Umar, Ali, Ibn Umar, Ibn Abbas, Ibn al-Zubayr, and Jabir ibn Samura. This is also the opinion of Abdullah ibn Ubayd ibn Umayr, Ikrimah, al-Hasan, Jabir ibn Zayd, Shurayh, Ata', Tawus, Umar ibn Abd al-Aziz, Ibn Awn, Ayyub al-Sakhtiyani, Malik, al-Awza'i, al-Shafi'i, Ishaq, Abu Thawr, and Abu Ubayd. Abu Qilabah, al-Sha'bi, al-Nakha'i, al-Zuhri, al-Thawri, and Abu Hanifa and his two companions permitted it, because it is a divorce from a legally responsible person, in a domain he possesses, so it takes effect like the divorce of one who is not coerced. Our evidence is the saying of the Prophet, may Allah bless him and grant him peace: "Indeed, Allah has lifted from my community error, forgetfulness, and what they have been coerced into." Narrated by Ibn Majah. And from Aisha, may Allah be pleased with her,