she is not deemed finally separated with fewer than three pronouncements. If she chooses separation for herself with less than three, nothing of that binds him; but if she decides upon three, all three take effect. He may contest her only in the case of a wife with whom he has not consummated the marriage. By contrast, under tamlīk (empowerment) he may dispute an unconsummated wife’s decision in both takhyīr (the option) and tamlīk whenever she exceeds one pronouncement, because the dissolution takes place immediately. As for the wife with whom intercourse has already occurred, he has no right to contest her if he granted her an open-ended option that he did not limit to a specific number. However, if he confined the choice to a particular figure—one or two, for example—she may not add anything beyond what he placed in her hand.
A group of scholars from Medina held that he may dispute her in both takhyīr and tamlīk alike, whether the marriage has been consummated or not; this first view is the position of Mālik. Other Medinans, and scholars elsewhere, maintained that tamlīk and takhyīr are identical and that the ruling follows whatever number she pronounces in either case. This is the view of ʿAbd al-ʿAzīz ibn Abī Salamah. Ibn Shubbān noted that many of our companions have adopted it, and it is likewise the opinion of a number of Medinan authorities. Abū ʿUmar said: most jurists favour this latter opinion, whereas the first represents the established doctrine of Mālik.
Takhyīr is restricted to the very session in which it is granted: if she neither chooses nor rules before they rise and part, the delegation to her lapses. This is one of the two reports from Mālik and is upheld by the majority of jurists. Mālik also said that the matter remains in her hand so long as she does not hesitate, nor is intercourse resumed, nor does any physical intimacy occur. According to this view, if she withholds herself and makes no choice, he may bring her before the judge so that she either pronounces (the divorce) or forfeits the option; should she refuse, the option falls away.