Is the wife's option in choice (Takhyeer) immediate or subject to delay?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The majority of scholars hold that the option granted to the wife (in Takhyeer, where the husband says 'choose yourself') must be exercised immediately. If she chooses within the prescribed time, it stands; otherwise, she loses the option afterward. This view is attributed to Companions Umar, Uthman, Ibn Mas'ud, and Jabir, and was adopted by Ata, Jabir bin Zayd, Mujahid, Sha'bi, Nukh'i, Malik, Thawri, Awza'i, Shafi'i, and the People of Opinion (Ashab al-Ra'y). The primary evidence is the established practice and judgments of the Companions, which suggests a consensus (Ijma) among them, and the ruling that this option is a form of bestowing ownership, which, like the option to accept a contract, should be immediate.
Supporting text
Al-Zuhri, Qatadah, Abu Ubayd, Ibn al-Mundhir, and one narration from Malik hold that the option is subject to delay (Tarrakhi), allowing the wife to choose during the session or afterwards, provided the session has not ended, intercourse has not occurred, or the option has not been revoked. Their evidence includes the Prophet's instruction to Aisha to take her time consulting her parents, implying the option was not confined to the immediate moment. They also distinguish this from 'Amruki bi-yadik,' which they consider a form of agency valid over time.