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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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It is mentioned in some books of the Sunnah and jurisprudence what is called delegating divorce, which is when a man says to his wife, "I have given you authority over your own affair." What is your opinion on this?

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The questioner : Regarding the question about divorce, it is also mentioned in some books of the Sunnah and jurisprudence what is called delegating in divorce?

The Shaykh : In some books of the Sunnah and what?

The questioner : And jurisprudence, that a man says to his wife, "I have given you authority over your own affair." Is there any report (athar) that has reached us up to now regarding this?

The Shaykh : No, there is no report.

The questioner : I do not know what the perspective is?

The Shaykh : The perspective is that his saying (peace and blessings be upon him)
Divorce is in the hands of the one who took hold of the leg. إنما الطلاق بيد من أخذ بالساق
and the woman delegating the divorce and ... and the like, she will act regarding the divorce. That action is not based on patience, deliberation, and thinking, and so on. Our men today are not of good judgment, so what can we say about the women?

The questioner : O Shaykh, is it what is called al-'ismah today? Is it the same meaning?

The Shaykh : By Allah, I do not know except the first term.

Another questioner : Okay, if he says to his wife, "I have given you authority over your own affair," does she divorce him or not?

The Shaykh : No, she divorces herself if she has not divorced herself.

The questioner : Zakat ... what is the stronger position regarding it?

The Shaykh : The stronger position is that there is no zakat unless one is protected by the state.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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