Does divorce occur if a wife leaves without permission when the husband granted permission but the wife was unaware of it?
General Chapter
Al-Mughni
Book of Expiations
Primary text
There are two views regarding divorce if the husband says, 'If you leave without my permission, you are divorced,' then grants permission, but the wife does not know about the permission and leaves. One view is that divorce occurs, supported by Abu Hanifa, Malik, and Muhammad ibn al-Hasan. This view posits that permission (idhn) fundamentally requires knowledge (i'lam), referencing Quran 21:109, Quran 9:3, and Quran 2:279, where 'adhaan' implies notification. Without knowledge, there is no notification, thus no valid permission, analogous to how the lawgiver's commands require knowledge to be effective.
Supporting text
The second view is that the oath is not broken, supported by Al-Shafi'i and Abu Yusuf. This is because she left after permission was established from his side, meaning she is effectively permitted, just as if she knew. Furthermore, just as an agent is dismissed upon dismissal even if unaware, so too is the wife considered permitted without her knowledge.