Is the option of emancipation considered a dissolution (faskh) or a divorce (talaq)?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 3

Open in Qurani

Primary text

The option granted upon a female slave's manumission is a dissolution (faskh), and it does not decrease the number of divorces. This is the position stated by Ahmad, and no opposition to this is known. The reason it is not counted as a divorce is that divorce is what the husband utters, and since this option is for the wife's choice, it is a dissolution, analogous to dissolution due to the husband's denunciation (li'an) or insanity.