The ruling on the occurrence of divorce by intention and by proxy in divorce
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Question:
Honorable Shaykh, does the prayer occur if a lawyer is sent in the prayer, and the prayer took place, and the husband did not delay it, but the intention is present?
Answer:
The intention is not sufficient; it is necessary to verbalize it. If one intends divorce but does not verbalize it, it does not occur. It is necessary to verbalize it. Yes. The saying of the Messenger (peace and blessings be upon him): “My community is excused for mistakes, forgetfulness, and whatSunan an-Nasa'i 3435Sahih (Darussalam)” — so mere intention does not cause divorce to occur. Yes.
The proxy takes the place of the principal if he appoints him for divorce, and if he divorces on his behalf, the divorce occurs, because the proxy takes the place of the principal. However, if he appoints him for the lawsuit but not for divorce, he has no right to divorce. The proxy has no right to act except within the limits of what he was authorized to do. Yes.
Honorable Shaykh, does the prayer occur if a lawyer is sent in the prayer, and the prayer took place, and the husband did not delay it, but the intention is present?
Answer:
The intention is not sufficient; it is necessary to verbalize it. If one intends divorce but does not verbalize it, it does not occur. It is necessary to verbalize it. Yes. The saying of the Messenger (peace and blessings be upon him): “My community is excused for mistakes, forgetfulness, and what
enters the mind, so long as it is not spoken of or put into action
حدثت به أنفسها ما لم تتكلم أو تعملThe proxy takes the place of the principal if he appoints him for divorce, and if he divorces on his behalf, the divorce occurs, because the proxy takes the place of the principal. However, if he appoints him for the lawsuit but not for divorce, he has no right to divorce. The proxy has no right to act except within the limits of what he was authorized to do. Yes.
Source
التوكيل في الطلاق — alfawzan.live
The Arabic text is a machine transcription of the audio recording.