What is the implication regarding the number of divorces when a wife is granted the right to choose without specifying a number?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 7 · Bab 2

Open in Qurani

Primary text

The default implication of the term for granting the option ('Choose yourself') is a revocable divorce (*talqah raj'iyyah*) only. Ahmad held this view, supported by Ibn Umar, Ibn Mas'ud, Zayd ibn Thabit, Umar, and Aisha, among others. The meaning is that the choice grants an absolute delegation, covering the minimum count to which the term applies, which is one revocable divorce. It cannot be a final, irrevocable divorce (*ba'inah*) because it is a divorce without compensation that has not completed the required number after consummation, making it analogous to a single divorce given without specification.

Supporting text

Abu Hanifa maintained it is one irrevocable divorce, arguing that her choosing herself necessitates the removal of his authority, which only occurs through irrevocable separation. Malik held it results in three divorces for a consummated wife, as a consummated wife cannot be finally divorced by fewer than three, unless compensation is involved.