Taking back the right of talaq after giving it to another person
Question
Zayd gave ‘Amr his powers of talaq, but now, bewildered and troubled by his circumstances, he wants to take his powers back. (1) Does he have the right to take back the powers he gave to ‘Amr? (2) If he does, what is the way to do it? (3) If ‘Amr does not agree to return the powers, what should Zayd do?
Answer
(1) This is in fact an appointment of an agent (tawkil). The principal (muwakkil) retains the right to dismiss the agent (wakil); by this his powers will end, and the agent’s consent is not required for it. When Zayd says to ‘Amr, “I have dismissed you from the agency; you now have no right to give talaq to my wife,” ‘Amr’s power will end.
Source: Fatawa Mahmudiyya
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