What is the legal consequence if the wife, upon being given the choice, states certain phrases?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the wife states, "I chose my husband" (*ikhtartu zawji*), or "I chose to remain married" (*ikhtartu al-baqa'a 'ala al-nikah*), or "I reject the choice" (*raddadtu al-khiyara*), or "I reject your foolishness/option upon you" (*raddadtu 'alayka safhahatik*), the option (*khiyar*) is nullified. If she states, "I chose my family" (*ikhtartu ahli*) or "my parents" (*abaway*), and she intends divorce, divorce occurs because this phrase functions as an allusion (*kinayah*) similar to the husband saying, "Join your family" (*alhaqi bi-ahlik*). Similarly, if she says, "I chose spouses" (*ikhtartu al-azwaj*), divorce occurs, because spouses become permissible only through separation from the current husband; thus, this serves as an allusion to the husband's statement, "Marry whomever you wish" (*inkahi man shi'ta*).