the husband. This is because the husband himself—the principal—does not have that right; therefore, the agent likewise does not have it. Thus, the agent may pronounce the divorce whenever he wishes, unless the husband says, “Do not divorce her except during this month,” or, “You are my agent to divorce my wife during this month.” In that case, he may not pronounce the divorce once the specified time has passed.
Thus, if he says, “You are my agent to divorce my wife during the first ten days of Dhu al-Hijjah,” and the agent divorces her at the end of Dhu al-Qa‘dah, the divorce does not take effect, because he has specified the time for him. Likewise, if he says, “You are my agent to divorce my wife during Muharram,” and he divorces her in Rabi‘, the divorce does not take effect. This is because the agent’s actions are based on the authorization of the principal; and when they are based on the principal’s authorization, they are restricted to what he has authorized. This is an important principle in all forms of agency, whether in divorce, marriage, selling, buying, leasing, or anything else.
If it is asked: Why do you distinguish between the time and the number? Regarding the number, you say that he may pronounce one divorce, whereas regarding the time, you say that he may do so whenever he wishes. Why do you not say that the time is limited to its immediate occasion—so that if he pronounces the divorce at the time of the appointment, it takes effect, but otherwise he may not pronounce it?
We reply: The difference is that one divorce fulfills the meaning of divorce with respect to the number; anything additional is not authorized. As for the matter of time, the act is unrestricted: he did not say, “today,” “tomorrow,” “after a month,” or “after a year.”
The agent says, “I divorce the wife of my principal, so-and-so,” or he says, “You are divorced by virtue of my agency on behalf of your husband.”
If someone asks: What is the need for appointing an agent?
The answer is that a person may be away, and divorce—for example—