What is the legal implication if a wife explicitly states, 'I choose myself'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the wife explicitly says, 'I choose myself,' the ruling depends on her intent because this phrase is a form of implication (*Kinayah*). If the husband did not intend to delegate the divorce to her, her statement does not effect a divorce, as he did not authorize it. If the husband intended divorce but she did not intend separation (i.e., she intended to remain married but exercised the option by choosing herself in a way that she thought meant retaining the marriage), then nothing occurs, similar to when an agent authorized for divorce fails to issue it.
Supporting text
If both the husband and wife intend divorce when she says 'I choose myself,' the number they both intended takes effect. If they intended different numbers, the lesser number occurs, because the excess amount was unilaterally claimed by one party and is thus invalid.