What is the ruling if a wife, given the option (*Takhyeer*), chooses her husband, rejects the option, or leaves the matter unresolved?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the wife, when given the option, chooses her husband, rejects the option, or leaves the matter unresolved, no divorce occurs. This is the position stated by Ahmad, as narrated by the group of scholars, and is attributed to the practice of Umar, Ali, Zayd, Ibn Masud, Ibn Abbas, Umar ibn Abdul Aziz, Ibn Shubruma, Ibn Abi Layla, Ath-Thawri, Ash-Shafi'i, and Ibn al-Mundhir. The justification is that the option (*Takhyeer*) is an implication (*Kinayah*) for divorce, which, like other implications, requires intent to take effect. Furthermore, the action of the Prophet's wives when given the option by the Prophet (peace be upon him), as narrated by Aisha, confirms this; they were not divorced merely by being given the choice. Aisha's hadith states that the Prophet presented them with the choice based on Quran 33:28-29, and she chose God and His Messenger, implying the choice itself was not an automatic divorce. Similarly, if a woman given the option chooses marriage, no divorce occurs, analogous to a slave woman emancipated under the condition of marriage to her master.
Supporting text
Hasan reported that the result is one revocable divorce (*Talaq Raj'i*), a narration also attributed to Ali and reported by Ishaq ibn Mansur from Ahmad. Ishaq ibn Mansur held that if she chooses her husband, it counts as one revocable divorce, but if she chooses herself, it counts as three divorces. However, Abu Bakr stated that Ishaq ibn Mansur alone holds this view, and practice follows the majority narration.