What is the ruling regarding granting a wife the option to choose (Khayar) in a fixed period or anytime?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the husband grants the wife the option to choose whenever she wishes, or within a specified period, she possesses that option during that duration. Saying, 'Choose when you wish' or 'Choose whenever you wish' grants her the option across all times. If the specification is 'Choose today, tomorrow, and the day after tomorrow,' she has the option for those days. If she rejects the option on the first day, the entire arrangement becomes void. Similarly, if he says, 'Do not hasten until you consult your parents' or similar phrasing, she has the option on a delayed basis. This is supported by the action of the Prophet, peace be upon him, granting such an option to Aisha, indicating that delaying the choice does not invalidate it.
Supporting text
If the husband says, 'Choose yourself today, and choose yourself tomorrow,' and she rejects the option on the first day, the option for the second day is not invalidated. Abu Hanifa held that in the first scenario (choosing over consecutive days), the option for the subsequent days is also not void, reasoning that they constitute two distinct options in two separate times, so voiding one does not void the other, analogously to the second scenario.