What is the ruling when a husband tells his wife, "Your affair is in your hands" (*amruki bi-yadik*) or "Choose" (*ikhtari*), and she responds, "I accept" (*qabiltu*)?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

When the husband says, "Your affair is in your hands" (*amruki bi-yadik*), it constitutes an authorization (agency or *tawkil*). Therefore, her response of acceptance pertains to accepting the agency, and no divorce occurs. This is analogous to a non-related man saying to a stranger, "Command my wife to handle her own affair," and the stranger responding, "I accept." The ruling is the same if the husband says, "Choose" (*ikhtari*). If the wife states, "I have taken my affair" (*akhadhtu amri*), no divorce occurs. If she says, "I have chosen myself" (*ikhtartu nafsi*) or "I have chosen myself" (*ikhtartu nafsi*), this is the clearest expression for divorce. If the husband says, "Choose" (*ikhtari*) but does not specify "yourself" (*nafsik*) and does not intend divorce, divorce is not effected unless she mentions herself or unless there is something in the words of the husband or her response that directs the statement toward that meaning, as this functions as an explanation. If the ruling is divorced from such contextual direction, it is invalid.

Supporting text

If the wife says, "I chose" (*ikhtartu*) without specifying "myself," divorce is not effected, even if she intended it. Similarly, if the husband said, "Choose," without saying "yourself" and without intention, divorce is not effected unless she mentions herself, unless the context indicates otherwise.