The ruling on one who appointed another to divorce his wife, and the agent divorced her, then the agent wished to divorce her
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Question : Now, regarding the divorce of a woman for whom he appointed an agent. A man appointed a person and said, “I appoint you to divorce my wife,” and then he divorced her. Does the agent now say, “I will also divorce her”?
Answer : The answer is no. But if someone were to say, “She is now in the waiting period, and it is a revocable waiting period, and a revocable waiting period is subject to divorce according to the words of the jurists,” would the agent have the authority to divorce her now? We say he does not have the authority, even if a revocable waiting period is subject to divorce. Because if we said that a revocable waiting period is subject to divorce, the agent would not have the authority to divorce her, just as if he had appointed him to divorce her only once, he would not have the authority to divorce her twice.
Answer : The answer is no. But if someone were to say, “She is now in the waiting period, and it is a revocable waiting period, and a revocable waiting period is subject to divorce according to the words of the jurists,” would the agent have the authority to divorce her now? We say he does not have the authority, even if a revocable waiting period is subject to divorce. Because if we said that a revocable waiting period is subject to divorce, the agent would not have the authority to divorce her, just as if he had appointed him to divorce her only once, he would not have the authority to divorce her twice.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4830] حكم من وكل غيره في طلاق زوجته فطلقها ثم أراد الوكيل طلاقها - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
