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Text and translation
English translation
1179. ‘Aishah said: “The Messenger of Allāh ﷺ gave us the choice, so we chose him. So was that a divorce?” (Ṣaḥīh)
(Another chain with a similar narration)
(Abū ‘Eisā said:) This Hadīth is Ḥasan Ṣaḥīh. The people of knowledge differ over the choice. It has been related from ‘Umar and ‘Abdullāh bin Mas‘ūd that they said: “If she chooses herself (divorce) then it is once, irrevocable.” And it has been related from them that they also said: “Once, and he has the ability to take her back, and if she chooses her husband then it is (counted as) nothing.”
It has been related that ‘Alī said: “If she chooses herself (divorce) then it is once, irrevocable, and if she chooses her husband then it counts as once, and he has the ability to take her back.”
Zaid bin Thābit said: “If she chooses her husband then it is once, and if she chooses herself then it is three.”
On this topic, most of the people of knowledge and Fiqh among the Companions of the Prophet ﷺ and those after them followed the view of ‘Umar and ‘Abdullāh, and it is the view of Sufyān Ath-Thawrī and the people of Al-Kūfah. As for Ahmad bin Ḥanbal, he followed the view of ‘Alī, may Allāh be pleased with him.
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Commentary
Most of the Companions of the Prophet ﷺ and the followers of the Companions and scholars of Islamic jurisprudence say; if the woman chooses her husband then it is counted as nothing. She can go back to her husband. This is an accepted and correct point of view. If she chooses herself to be divorced, then there is difference of opinion among the scholars and the people of knowledge. Imām At-Tirmidhi has discussed the details of this issue.
