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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Difference Between a Woman Appointing a Proxy to Divorce Herself and Appointing a Non-Relative Woman

Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, what is the difference between a woman appointing a proxy to divorce herself, or appointing another non-relative woman to divorce her? The first was permitted and the second was prohibited, so what is the difference between them?

The Shaykh:
The difference is that a woman does not possess the right of divorce, neither for herself nor for another, so she does not divorce herself and she does not divorce another. However, if she appoints a man who possesses the right of divorce, then if she appoints one who possesses it, her ruling becomes the ruling of the one who possesses it through the delegation specific to her. As for her divorcing other women, this is not valid. Yes.

The questioner:
He says: Honorable Shaykh, may Allah grant you success, is an oath by divorce counted?

The Shaykh:
If he says to a woman, "Divorce my wife," or "I appoint you to divorce my wife," this is not valid; it is an invalid agency. Because the proxy is required, it is required for the validity of the agency that the proxy possesses this right for himself. He possesses this action for himself. So if he possesses it for himself, it is valid for him to represent another in it. But if he does not possess the right to act for himself, then he does not appoint another in it. Yes.
Source الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٧-كتاب الطلاق - ١٨-١-٢٥ هـ — archive.org (1:11:02)

The Arabic text is a machine transcription of the audio recording.

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