Is it permissible to delegate the affair of one's wife to her in exchange for compensation?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
It is permissible to delegate the affair of one's wife (giving her the right to choose separation, known as *Tafwid al-Talaq*) in exchange for compensation. The ruling regarding this delegated authority, even with compensation, is the same as when there is no compensation. Specifically, the husband retains the right to revoke the delegation given to her, and the delegation is invalidated by the consummation of the marriage (Wati'). Imam Ahmad states that if a wife says, 'Delegate my affair to me, and I will give you this slave of mine,' and the husband accepts the slave and delegates her affair, she may exercise the choice until the husband has sexual intercourse with her or revokes the delegation. This is because delegation of divorce authority is considered a mandate (tawkil), and a mandate is not binding when compensation is involved unless acceptance follows immediately, similar to a sale.