The ruling on an agent pronouncing more than one divorce without the principal's permission
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Question: Peace be upon you, and Allah's mercy and blessings. After that:
Dear friend, your noble letter dated 28/3/1393 AH has arrived, may Allah guide you. I have reviewed the attached document, which records the nature of the divorce pronounced by the husband on his wife. It states that the husband, his ex-wife, and her father were present before you, and that he admitted to instructing a scribe to write her divorce, resulting in the attached document. He stated that he had not divorced her previously, that the divorce was not for compensation, and that he did not verbally pronounce the divorce, neither in her presence nor in the scribe's presence. Rather, he instructed the scribe to write the divorce document, intending thereby to divorce the aforementioned wife. The document also contains the woman's confirmation of this, and her father's statement that he knew nothing about the aforementioned divorce except what is in the divorce document. It further states that neither the woman nor her father objects to her returning to him if the Shari'ah permits it, and that he took her back in front of you. I have reviewed the divorce document dated 24/3/1393 AH and found that it states the following: "His daughter is divorced three times, the prohibited number, and is divorced."
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the Shaykh, Head of the Commission for Promoting Virtue and Prohibiting Vice at al-Karantina in Jeddah, may Allah guide him to all good. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
Dear friend, your noble letter dated 28/3/1393 AH has arrived, may Allah guide you. I have reviewed the attached document, which records the nature of the divorce pronounced by the husband on his wife. It states that the husband, his ex-wife, and her father were present before you, and that he admitted to instructing a scribe to write her divorce, resulting in the attached document. He stated that he had not divorced her previously, that the divorce was not for compensation, and that he did not verbally pronounce the divorce, neither in her presence nor in the scribe's presence. Rather, he instructed the scribe to write the divorce document, intending thereby to divorce the aforementioned wife. The document also contains the woman's confirmation of this, and her father's statement that he knew nothing about the aforementioned divorce except what is in the divorce document. It further states that neither the woman nor her father objects to her returning to him if the Shari'ah permits it, and that he took her back in front of you. I have reviewed the divorce document dated 24/3/1393 AH and found that it states the following: "His daughter is divorced three times, the prohibited number, and is divorced." End of quote.
Based on this, I have issued a ruling to the aforementioned husband that one divorce has taken effect on the aforementioned wife, and his taking her back is valid. This is because an agent does not have the authority to pronounce more than one divorce without the principal's permission, and he did not instruct him to do so except for a divorce without specifying the number, as you mentioned in the attached statement. I ask you to inform everyone of this.
May Allah reward you and rectify the condition of everyone, and may He reward you for your good efforts with good. And may peace and the mercy of Allah and His blessings be upon you.
Dear friend, your noble letter dated 28/3/1393 AH has arrived, may Allah guide you. I have reviewed the attached document, which records the nature of the divorce pronounced by the husband on his wife. It states that the husband, his ex-wife, and her father were present before you, and that he admitted to instructing a scribe to write her divorce, resulting in the attached document. He stated that he had not divorced her previously, that the divorce was not for compensation, and that he did not verbally pronounce the divorce, neither in her presence nor in the scribe's presence. Rather, he instructed the scribe to write the divorce document, intending thereby to divorce the aforementioned wife. The document also contains the woman's confirmation of this, and her father's statement that he knew nothing about the aforementioned divorce except what is in the divorce document. It further states that neither the woman nor her father objects to her returning to him if the Shari'ah permits it, and that he took her back in front of you. I have reviewed the divorce document dated 24/3/1393 AH and found that it states the following: "His daughter is divorced three times, the prohibited number, and is divorced."
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the Shaykh, Head of the Commission for Promoting Virtue and Prohibiting Vice at al-Karantina in Jeddah, may Allah guide him to all good. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
Dear friend, your noble letter dated 28/3/1393 AH has arrived, may Allah guide you. I have reviewed the attached document, which records the nature of the divorce pronounced by the husband on his wife. It states that the husband, his ex-wife, and her father were present before you, and that he admitted to instructing a scribe to write her divorce, resulting in the attached document. He stated that he had not divorced her previously, that the divorce was not for compensation, and that he did not verbally pronounce the divorce, neither in her presence nor in the scribe's presence. Rather, he instructed the scribe to write the divorce document, intending thereby to divorce the aforementioned wife. The document also contains the woman's confirmation of this, and her father's statement that he knew nothing about the aforementioned divorce except what is in the divorce document. It further states that neither the woman nor her father objects to her returning to him if the Shari'ah permits it, and that he took her back in front of you. I have reviewed the divorce document dated 24/3/1393 AH and found that it states the following: "His daughter is divorced three times, the prohibited number, and is divorced." End of quote.
Based on this, I have issued a ruling to the aforementioned husband that one divorce has taken effect on the aforementioned wife, and his taking her back is valid. This is because an agent does not have the authority to pronounce more than one divorce without the principal's permission, and he did not instruct him to do so except for a divorce without specifying the number, as you mentioned in the attached statement. I ask you to inform everyone of this.
May Allah reward you and rectify the condition of everyone, and may He reward you for your good efforts with good. And may peace and the mercy of Allah and His blessings be upon you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.