you wish.” In al-Mudawwana, he holds that this leaves the matter to her discretion, and that the authority remains hers until she is required to decide. In al-Wādiha, however, he holds that she may exercise it only during that sitting, unlike when the husband says, “Your marital affairs are in your own hands, if you wish.” This is the correct view. Some have interpreted Ibn al-Qāsim’s position in al-Mudawwana as meaning that “Your marital affairs are in your own hands, if you wish” does not leave the matter to her discretion, whereas “You are divorced if you wish” does. They offered a far-fetched and groundless justification for this interpretation, which Abū al-Najā relates in his book.

Section

Delegation subject to a condition falls into two categories: the first is where it was not stipulated as a condition binding upon the husband in the original marriage contract; the second is where it was stipulated in the marriage contract.

Where it was not stipulated in the marriage contract, it falls into the same categories into which we divided conditional divorce in the Book of Oaths by Divorce, and the corresponding rulings apply throughout. Whatever constitutes an oath by divorce in that context constitutes an oath by delegation here; whatever does not constitute an oath there does not constitute one here. Wherever divorce must take effect immediately, delegation must likewise take effect immediately, and the wife may at once exercise the authority delegated to her. Wherever divorce need not take effect immediately, neither need delegation. Wherever a husband swearing an oath by divorce becomes subject to the rules governing oaths to abstain from marital intercourse, a husband swearing an oath by delegation becomes subject to those rules as well.

An exception is an oath by delegation requiring his wife to perform an act or refrain from it. The ruling here is that she must be required to decide immediately. If he said to her, “Your marital affairs are in your own hands if you do such-and-such,” she may perform that act; or, if he said, “Your marital affairs are in your own hands if you do not do such-and-such,” she may say, “I will not do it.” In either case, the delegated authority then takes effect. Alternatively, she may act otherwise, in which case the authority he granted her lapses. This is by analogy with his statement in the book concerning the words, “Your marital affairs are in your own hands if you give me such-and-such.”

In all these cases where the delegated authority takes effect, the husband may contest his wife’s decision if she pronounces more than one divorce, on the basis of an intention he claims to have had.