What happens if the authority to divorce is delegated to two individuals simultaneously?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 7 · Bab 2

Open in Qurani

Primary text

It is valid to delegate the authority to divorce to two individuals, or appoint two agents for the divorce. Neither individual can effect a divorce independently unless explicitly authorized to do so, because the husband only consented to the joint action of both. This view is held by Al-Hasan, Mālik, Al-Thawrī, Al-Awzā'ī, Al-Shafi'i, Abu 'Ubayd, and Ibn al-Mundhir.

Supporting text

If one of them pronounces one divorce and the other pronounces three, only one divorce occurs, according to Ishaq. Al-Thawrī held that nothing occurs.