Book of Divorce
Introduction
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Book of Divorce

Divorce is permissible when the wife behaves badly toward her husband; it is recommended if she abandons the prayer or similar obligations,¹ disliked when there is no need, forbidden during menstruation and the like, and obligatory for the husband who has taken an oath of abstention (ilāʾ) once the waiting period has elapsed—some add: and for the one who is certain of his wife’s immorality.

A divorce pronounced by a discerning minor takes effect provided he understands what divorce is, and so does the divorce of a person who is drunk on a liquid intoxicant.

It does not take effect from someone asleep, from a person whose mind has departed through madness or fainting, or from anyone coerced by a powerful wrong-doer through punishment or threats to him or to his child.

Section

Anyone whose own divorce is valid may appoint another to act for him, and another may in turn accept such an appointment. The proxy may divorce her² whenever he wishes unless the husband has fixed a limit for him, and he may pronounce only one divorce unless the husband authorises more.

If the husband says to his wife,³ “Divorce yourself,” she may do so whenever she wishes; and she acquires the right to effect three divorces if he says,⁴ “Your divorce is in your hand,” “Your affair is in your hand,” or “I have deputised you concerning your divorce.”

The agency is cancelled by the husband’s revocation or by intercourse.