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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 10 · Page 386Section

Translation · EN

Ishaq. Al-Thawri said: Nothing occurs. Our argument is that they both divorced her once, which is permitted, so it would be valid if he had granted them [the right to divorce] once.

Section: It is valid to attach conditions to "your affair is in your hand" and "choose yourself." Likewise, if he grants this to a third party, it is valid both absolutely, conditionally, or suspended, such as if he says: "Choose yourself" or "your affair is in your hand" for a month, or "if so-and-so arrives, your affair is in your hand," or "choose yourself for a day." Or if he says that to a third party. Ahmad said: If he says: "If a year or a specified term passes, your affair is in your hand," then once that is reached, her affair is in her hand, and she has no power before that. He also said: If a man marries a woman and says to her father: "If my news does not reach you within three years, then your daughter's affair is yours." When the years passed and his news did not arrive, the father divorced her. If the husband had not revoked what he granted to the father, his divorce is valid. His revocation is by calling witnesses that he has revoked what he granted to him. The logic for this is that he delegated the affair of divorce to one who possesses it, so it is valid to suspend it on a condition, like explicit agency. Once this is established, the divorce is with the one to whom he delegated it, according to what he granted him, at the time he specified for him, not before or after it. The husband has the right to revoke this because it is a permissive contract. Ahmad said: His claim of revocation is not accepted except with evidence, because it is something for which evidence can be established. If the agent divorces while the husband is absent, it is disliked for the woman to remarry, because it is possible that the husband revoked the agency. Ahmad explicitly stated that she is prevented from remarrying for this reason, while the Judge (al-Qadi) interpreted it as recommendation and precaution. If the agent is absent

Notes

(2) In B, M: "and your affair". (3) A completion to complete the context. (4) In B, M: "enters". (5) In B, M: "comes no". (6) In B, M an addition: "other". (7) In the original, A: "al-tazwij (marrying)".

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