When does the immediate choice option (in Takhyeer) expire?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The time frame for immediate choice is immediately following the husband's statement, provided they do not move on to unrelated discussion or leave the context of the divorce conversation. If they separate from that specific discourse into other talk without her choosing, her option is nullified. This aligns with the view of Imam Ahmad and the established doctrine of Abu Hanifa. If the session is prolonged and they begin speaking about unrelated matters without her choosing, the option lapses. The option requires reciprocal engagement in the discussion; if she immediately responds, it is valid, but delay invalidates it. The option is nullified if either party leaves the place where the discussion occurred before she exercises her choice.
Supporting text
Abu Hanifa held that the option is only invalidated by the wife's departure, not the husband's, based on his principle that the husband cannot revoke the choice once made. However, since revocation is possible, the husband's departure also invalidates the choice. If one person is standing but the other remains seated, the option is nullified. If one person stands up but then sits back down, the option is not nullified, because standing is deemed to interrupt contemplation (Fikr) and deliberate thought (Irtiya'), classifying it as turning away (I'rad), whereas sitting down does not have this effect. If one becomes preoccupied with prayer and completes it, the option is not voided, but if she adds two more units (Rak'atayn) of voluntary prayer, the option is voided. Engaging in minimal activity, such as eating a small amount, saying 'Bismillah,' or light glorification (Tasbih), does not invalidate the option as these are not considered turning away. If she asks to summon witnesses, the option remains valid. If she was riding and the conveyance moved, the option is voided. These latter specific rulings are according to the People of Opinion.