the marriage bond except through three divorces. This is his understanding of the purpose of granting a choice. If the marriage has not been consummated, she is subject to the same rule as a wife delegated the power of divorce: her husband may challenge her decision if she pronounces more than one divorce, since fewer than three divorces suffice to separate her irrevocably from him and release her from the marriage bond. All Mālik’s companions followed him in this except Ibn al-Mājishūn, who said that if a wife granted a choice decides on either one divorce or three, three divorces take effect.
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Mālik, may Allah Most High have mercy on him, held that if a man delegates the power of divorce to his wife or grants her a choice, he cannot retract it. His opinion differed, however, regarding how long a wife retains this authority in either case. Earlier in his life, he held that it remained in her hands until the sitting in which he delegated the power or granted the choice ended. Once they parted, her authority lapsed, unless she preserved it by accepting during that sitting. This is the position of most scholars. The reasoning is that delegating this power calls for a response, so her authority must remain effective only while they are together in the same sitting. This resembles a sale in which one man says to another, “If you wish, my merchandise is yours for such-and-such a price.” There is no disagreement that this offer remains available only while they are together in the same sitting and have not parted.
Later in his life, Mālik, may Allah have mercy on him, held that a wife who has been delegated the power of divorce or granted a choice retains her authority even after they leave the sitting, unless the ruler requires her to make her decision or she allows her husband to have intercourse with her. The reasoning behind this opinion is that this is a grave matter requiring her to seek Allah’s guidance and consult others, and therefore calls for time to consider. When the Messenger of Allah, may Allah bless him and grant him peace, gave ‘Ā’ishah, may Allah be pleased with her, the choice, he said to her: “There is no harm in your taking your time until you have consulted your parents.” This indicates that her authority would remain effective after the sitting ended if she wished to consult them.
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This difference between Mālik’s opinions applies only when the husband, or someone he has authorized, directly addresses her in delegating the power of divorce or granting her a choice, since this calls for a response from her. But if he writes to her about it, sends her a messenger, or places her marital affairs in her own hands should he marry another woman, remain absent from her for a period, harm her, or the like, Mālik, may Allah Most High have mercy on him, consistently held that the authority remains in her hands even if she does not exercise it as soon as it becomes hers—according to one view, subject to an oath, and according to another, without an oath—provided that