How is the scope of the option affected when the husband uses the term 'The matter is in your hands' (*Amruki bi-yadiki*) without specifying a number?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The phrase 'The matter is in your hands' is comprehensive as it is a generic noun (*ism jins*), thus encompassing the entirety of her marital disposition. However, if the husband stipulates a greater number, such as saying, 'Choose whatever you wish,' or 'Choose the three divorces if you wish,' then she is entitled to choose the number he specified.
Supporting text
If he says, 'Choose from the three whatever you wish' (*min ath-thalath*), she can choose one or two, but not all three, because the preposition 'min' indicates partiality. If the number is left to his hidden intention (*niyyah*) when using the term 'Choose,' the ruling defaults to what he intended, as 'Choose' is an implicit term (*kinayah khafiyyah*). If he intended three, two, or one, the ruling follows that intention. If he intended three but divorced her with fewer, the lesser number takes effect because both their statements (his intention and her action) are considered, and what they agree upon occurs, similar to two agents where one declares one divorce and the other declares three.