Must a woman whose irrevocable divorce period has ended and whose husband is absent refrain from remarrying based on her husband's agent's instruction?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 1 · Bab 1

Open in Qurani

Primary text

The woman is not obligated to halt her remarriage based on the instruction of her husband's agent, as the default state is the validity of the marriage contract and the absence of a return (ruj'a). A state of certainty (resolution of the 'idda) cannot be overturned by a doubtful command. Furthermore, if halting remarriage were obligatory in this specific situation (after the 'idda ends), it would also have been obligatory before the agent spoke, since the possibility of reconciliation (ruj'a) exists whether the agent speaks or remains silent. Obligating a halt would perpetually forbid any woman undergoing an irrevocable divorce whose husband is absent from remarrying.