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English translation
1178. Hammād bin Yazīd said: "I said to Abū Ayyūb: 'Do you know of anyone who said that: "Your case is up to you" counts as three besides Al-Ḥasan?' He said: 'No, not besides Al-Ḥasan.' Then he said: 'O Allāh forgive me – except for what has been narrated to me by Qatādah, from Kathīr the freed slave of Banū Samurah, from Abū Salamah, from Abū Hurairah, that the Prophet ﷺ said: "Three."'
Abū Ayyūb said: 'So I met Kathīr the freed slave of Banū Samurah and asked him about it, but he was not aware of it. So I returned to Qatādah and informed him about that and he said: "He forgot." (Da'if)
(Abū 'Eisā said:) This Ḥadīth is Gharīb, we do not know of it except as a narration of Sulaimān bin Ḥarb, from Hammād bin Yazīd. I asked Muḥammad about this Ḥadīth and he said: "Sulaimān bin Ḥarb narrated this from Hammād bin Yazīd to us, but it was only Mawqūf from Abū Hurairah."
The Ḥadīth of Abū Hurairah is not known to be Marfū', and 'Ali bin Naṣr (one of the narrators) is a Ḥāfiz, a person of Ḥadīth.
The people of knowledge differ over (the statement): "Your case is up to you." Some of the people of knowledge among the Companions of the Prophet ﷺ and others – among them 'Umar bin Al-Khaṭṭāb and 'Abdullāh bin Mas'ūd – said: "It is one." This is the view of more than one of the people of knowledge among the Tābi'īn and those after them.
'Uthmān bin 'Affān and Zaid bin Thābit said that the decision is as she decides.
Ibn 'Umar said: "If a man leaves the case up to his wife and she divorces herself three times and her husband dislikes that, saying: 'I only left the case up to her for one' then the husband is to take an oath and it will be in accordance with whatever he swears."
Sufyān and the people of Al-Kūfah followed the view of 'Umar and 'Abdullāh. As for Mālik bin Anas he said: "The decision is as she decides," and this is the view of Aḥmad. As for Ishāq, he followed the view of Ibn 'Umar.
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Commentary
Imām Muḥammad has reported this point of view of the Aḥnāf; that it depends on the intention of the husband. If he intends one divorce it will be revocable during the waiting period of three months. According to Zaid bin Thābit, if the husband intends one divorce it is revocable.
