Musannaf Ibn Abi Shaybah 19086 — A man who gives his wife the choice

Zadhan (may Allah have mercy on him) said: We were sitting with Sayyiduna Ali (may Allah be pleased with him) when he was asked about the choice (given to a wife). He said: The Commander of the Believers, Sayyiduna Umar (may Allah be pleased with him), asked me about it, and I said: If she chooses herself, it is one irrevocable (ba'in) divorce; and if she chooses her husband, it will be one divorce, and the husband has more right to take her back. He said: What you have said is not correct. If she chooses herself, it will be one divorce and the man has more right to take her back; and if she chooses her husband, nothing is incurred, and that man has more right to her. After the Commander of the Believers had said this, I had no option but to follow him. When I was made ruler and marriage cases began to be brought to me, I went back to my earlier view. It was said to him: The view that you both agreed upon is dearer to us than the view you hold alone in disagreement. At this Sayyiduna Ali (may Allah be pleased with him) laughed and said: He sent for Sayyiduna Zayd bin Thabit (may Allah be pleased with him) and asked him about this question, and he said: If she chooses herself, three divorces have taken place; and if she chooses her husband, it will be one irrevocable (ba'in) divorce.