Delegating the pronouncement of divorce without specifying the number, with the intention of final divorce
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If a husband says to his agent, “Divorce her,” and does not specify a number, but he intends it to be a final divorce, and the agent divorces her three times, does the divorce take effect in this case?
Answer:
No, we go by the apparent meaning of the words. If he acknowledges it—if he said “Divorce her” and the agent divorced her three times and he acknowledged that—then it is settled. But if he says no, if he objects and says, “I did not delegate you to do that,” then we revert to the minimum, which is one. This is in the case of a dispute between them. But if he acknowledges it and agrees with him, there is nothing wrong. Yes.
He says: Honorable Shaykh, may Allah grant you success. If a husband says to his agent, “Divorce her,” and does not specify a number, but he intends it to be a final divorce, and the agent divorces her three times, does the divorce take effect in this case?
Answer:
No, we go by the apparent meaning of the words. If he acknowledges it—if he said “Divorce her” and the agent divorced her three times and he acknowledged that—then it is settled. But if he says no, if he objects and says, “I did not delegate you to do that,” then we revert to the minimum, which is one. This is in the case of a dispute between them. But if he acknowledges it and agrees with him, there is nothing wrong. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٧-كتاب الطلاق - ١٨-١-٢٥ هـ — archive.org (1:00:44)
The Arabic text is a machine transcription of the audio recording.