Halala through a minor
Question
After a definitive, that is, major (mughallaza), talaq, may the woman’s halala be done through a minor boy, then have him give talaq, and after the ‘idda have her married again to the first husband, or not? These people also have such a fatwa. According to their view, is this correct or not?
Answer
Even if the minor boy is close to reaching puberty, his talaq does not take effect: [ar]لا يقع طلاق الصبي[/ar] “The talaq of a boy does not take effect.” Therefore this halala has not been valid, and the woman has not become lawful for the first husband — rather, she remains forbidden (haram).
Source: Fatawa Mahmudiyya
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