Is giving the husband the option to choose between intended divorce and 'ithar valid when he utters a phrase with dual intention?

General Chapter

Al-Mughni

Book of Zihar

Book 42 · Issue 2 · Bab 1

Open in Qurani

Primary text

The option of choosing the ruling is invalid. The legal effect of the utterance is established immediately upon its utterance because the speaker is legally competent and the subject matter is capable of receiving that ruling. If the ruling were contingent upon his subsequent choice, it would imply that he has the power to retrospectively negate an established ruling and substitute it with another merely by his will, which is invalid.