Divorce Section · 12 – Contingency/Conditionality
Aisha (may Allah be pleased with her) related:
The Messenger of Allah (peace and blessings upon him) gave us the choice between ourselves and divorce. We chose the Messenger of Allah (peace and blessings upon him), but this choice was not counted as a divorce. [183]
EXPLANATION
If a man says to his wife, "You may choose whether I divorce you or not," she may divorce herself even before rising from that assembly. However, once she rises, her choice is no longer valid.
This is the view of Hanafi, Shafi'i, Malik, Awza’i, Sharik, Masruk, Ata, Mujahid, Sha'bi, and Naha'. (Mealim al-Sunan vol. 3, p. 130)
It is related on the authority of Hammad bin Zayd that he said:
I said to Ya'qub, "Do you know anyone who says the same thing as Hasan regarding the statement, 'The matter is in your hand?'" Ya'qub replied, “No.” Except for what Katadah told us.
Katadah reported from Kesir, a freed slave of Ibn-i Samura, from Abu Salama, from Abu Huraira, who related from the Prophet (peace and blessings be upon him) something similar. Ya’qub said: Kesir came to us and I questioned him about it, and he stated that he never transmitted it. I informed Katadah about this. Katadah said, "Yes, he narrated it, but he has forgotten."
Hasan (may Allah be pleased with him) said regarding the ruling concerning the statement ("The matter is in your hand"), [meaning] if a woman says, "I divorce myself," it constitutes three divorces.
EXPLANATION: According to Hasan ibn Ali, a man may say to a woman, “The matter is in your hand.” If she responds, “I have divorced myself,” then the woman is considered triply divorced.