The scholars differed over this choice: was it a delegation of the right of divorce to the wives, such that divorce would take effect merely through their choosing, or was it not? Al-Hasan, Qatadah, and most scholars held that it was not a delegation of divorce. Rather, he gave them the choice on the understanding that, if they chose the life of this world, he would part from them, as Allah, exalted is He, says: “Come, then, I will provide for you and release you graciously.” The evidence for this is that their response was not required immediately, for he said to Aishah, “Do not hasten until you have consulted your parents.” In a delegation of divorce, however, the response must be given immediately.
Others held that it was a delegation of divorce: if they chose themselves, it would constitute a divorce.
The scholars also differed regarding the legal ruling on giving a wife this choice. Umar, Ibn Masud, and Ibn Abbas said: if a man gives his wife the choice and she chooses her husband, nothing takes effect; but if she chooses herself, one divorce takes effect. This was also the view of Umar ibn Abd al-Aziz, Ibn Abi Layla, Sufyan, al-Shafii, and the jurists of legal opinion, except that, according to the jurists of legal opinion, if she chooses herself, an irrevocable divorce takes effect, whereas according to the others it is a revocable divorce.
Zayd ibn Thabit said: if she chooses her husband, one divorce takes effect; and if she chooses herself, then three divorces take effect. This was the view of al-Hasan, and Malik likewise held it.
It is also related from Ali that, if she chooses her husband, one divorce takes effect; but if she chooses herself, then an irrevocable divorce takes effect.
Most scholars held that if she chooses her husband, nothing takes effect.
Abd al-Wahid al-Mulayhi informed us; Ahmad ibn Abd Allah al-Na'imi informed us; Muhammad ibn Ismail informed us; Umar ibn Hafs informed us; my father informed us; al-Amash informed us; Muslim informed us, on the authority of Masruq, from Aishah, who said: “The Messenger of Allah, may Allah bless him and grant him peace, gave us the choice, and we chose Allah and His Messenger; and he did not count that as anything against us.” (1)
“O wives of the Prophet, if any of you commits a manifest indecency, the punishment will be doubled for her twofold; and that is easy for Allah.” (30)
Allah, exalted is He, says: “O wives of the Prophet, if any of you commits a manifest indecency”—that is, an evident act of disobedience. It was said that this is like His saying: “If you were to associate others with Allah, your deeds would surely come to nothing” (al-Zumar 65); it does not mean that any of them actually committed such an indecency. Ibn Abbas said: What is meant by indecency is marital defiance and ill conduct.
“the punishment will be doubled for her twofold”: Ibn Kathir and Ibn Amir recited it as nuḍaʿʿifu (“We shall multiply”), with the first-person plural prefix, a kasrah on the letter ʿayn, and gemination, making “the punishment” accusative. The remaining readers recited it with a third-person prefix and a fatha on the letter ʿayn, with “the punishment” in the nominative ⦗81/b⦘; Abu Jafar and the Basran readers also geminated it. Abu Amr geminated this occurrence alone, because of His saying: