the wife’s decision [in this matter as a final divorce. Others regarded it as a single revocable divorce. Others regarded it as a single irrevocable divorce. Others held that it took effect according to her decision], whether for one divorce or three. Others held that it depended on the husband’s intention, supported by his oath. Others said that she had no power to effect a divorce, even if her husband granted her a choice or delegated that power to her. Others distinguished between her saying, “I am divorced from you,” and “You are divorced from me.” Others considered granting a choice to constitute separation, and delegating the power of divorce to constitute divorce, whether she accepted or declined. This was reported from a number of the early generations, and Rabī‘ah is reported to have said this concerning delegation of the power of divorce. This is the weakest of all these opinions, for the Sunnah contradicts it, and there is consensus that the Prophet’s wives chose him when he gave them the choice, yet this did not constitute separation. Others distinguished between granting a choice and delegating the power of divorce: they held that the former had no effect, while the latter constituted a single irrevocable divorce. This is the position of Abū Hanīfah. None of them has a rational argument for his position that cannot be countered by an equally strong argument, since there is no explicit text on this matter in the Quran or Sunnah to which one must submit.

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Mālik, may Allah Most High have mercy on him, held that delegating the power of divorce differs from granting a choice, on the basis of the report he narrated in his al-Muwatta’ from Nāfi‘, that ‘Abd Allāh ibn ‘Umar said: “If a man delegates the power of divorce to his wife, her decision takes effect, unless he challenges it, saying, ‘I intended only one divorce.’ He must then swear to that effect, and he retains the right to take her back so long as she remains within her waiting period.”

This is the clearest opinion expressed on the matter, because Allah, blessed and exalted is He, has placed the wife’s marital affairs in her husband’s hands and empowered him to pronounce as many divorces upon her as he wishes. Thus, when a man says to his wife, “Your affair is in your hands,” he has placed in her hands the power to divorce her that was previously in his own. This is the apparent meaning of his words. They may, however, mean that he intended one, two, or three divorces. If he had a particular intention, his statement of it is accepted, supported by his oath. If he had no particular intention, her decision takes effect, whether for one divorce or three, because that is the apparent meaning of his words.

As for granting a choice, Mālik held that, where the marriage has been consummated, it can result only in three divorces. If she chooses three, three take effect; but if she chooses one or two, nothing takes effect. This is because, when he gives her the choice, he is giving her a choice only between remaining married to him and leaving the marriage bond, and she cannot leave