I traveled from my country, and there were problems between me and my wife, but I intended to divorce her. In fact, I wrote a power of attorney to one of my relatives to divorce her, but I did not send it, and after...
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The questioner : I traveled from my town to Iraq, and there was a misunderstanding and anger between me and my wife, which led me to leave the house and go to her parents' home. I went to Iraq, and while I was there, I intended to divorce her. In fact, I made a power of attorney for one of my relatives to divorce her, but after thinking and hesitating about sending the power of attorney, and after two years of separation, will this wife be considered divorced after my return, given that I had intended to divorce her? Second, after I return to Egypt and want to go back to her, should I divorce her first and then take her back, or is the intention in this case not valid in terms of execution, because I was angry with her at that time? Please inform us of this, may Allah reward you.
The Shaykh : A person should be sensible in every action he intends to take, especially in such a serious matter as divorcing his wife. He should not proceed with anything until he has considered its consequences and looked at what would happen if he carried out this action. The questioner mentioned that he resolved to appoint someone to divorce his wife. Such a resolution and intention, even if it is firm, does not result in divorce, because divorce does not occur except after the husband or his agent verbally pronounces it. According to the questioner's question, the verbal pronouncement did not occur, neither from him nor from the person he intended to appoint. Therefore, the wife remains in his marriage bond and is still his wife. He does not need to divorce her if he returns to Egypt, because the cause of the divorce, which was the misunderstanding or the anger that occurred, has passed, so there is no need for him to divorce her; rather, she is in his marriage bond. Likewise, any person who intends to divorce his wife but does not verbally pronounce it or write it down, his wife is not divorced.
The questioner : May Allah reward you, O honorable Shaykh.
The Shaykh : A person should be sensible in every action he intends to take, especially in such a serious matter as divorcing his wife. He should not proceed with anything until he has considered its consequences and looked at what would happen if he carried out this action. The questioner mentioned that he resolved to appoint someone to divorce his wife. Such a resolution and intention, even if it is firm, does not result in divorce, because divorce does not occur except after the husband or his agent verbally pronounces it. According to the questioner's question, the verbal pronouncement did not occur, neither from him nor from the person he intended to appoint. Therefore, the wife remains in his marriage bond and is still his wife. He does not need to divorce her if he returns to Egypt, because the cause of the divorce, which was the misunderstanding or the anger that occurred, has passed, so there is no need for him to divorce her; rather, she is in his marriage bond. Likewise, any person who intends to divorce his wife but does not verbally pronounce it or write it down, his wife is not divorced.
The questioner : May Allah reward you, O honorable Shaykh.