Nasai

Some scholars hold the view that if the husband (in the aforementioned situation) grants his wife the right to divorce, then the woman will be divorced in every case, even if she prefers to remain in her husband’s house. However, Aisha (radi Allahu anha) refuted this notion, stating that when the woman has chosen her husband, then how can there be any question of divorce?

Hadith Commentary:
(1)
When a wife is given the choice by her husband, mere granting of the choice does not result in divorce; however, if she chooses herself, then divorce will take place. There is consensus among almost all scholars on this matter.

(2)
It is narrated from Ali radi Allahu anhu that merely granting the choice results in an irrevocable divorce (talaq bainah), even if she gives the choice back to the husband. (Jami‘ at-Tirmidhi, Book of Divorce and Li‘an, Hadith: 1179) However, the aforementioned ahadith refute this position. Some narrations indicate that Ali radi Allahu anhu retracted his view after Umar radi Allahu anhu clarified the matter. (Fath al-Bari: 9/457)

Hadith Commentary: Benefits and Issues: According to the four Imams and the majority of the Companions and Followers (radi Allahu anhum ajma'in) and jurists, when the husband gives his wife the right of choice and she chooses him, this does not constitute a divorce.

According to Ali (radi Allahu anhu) and Hasan al-Basri (rahimahullah), merely granting the right of choice results in a revocable divorce (talaq raj‘i).

According to Zayd ibn Thabit (radi Allahu anhu) and Imam Layth (rahimahullah), it results in an irrevocable divorce (talaq bainah), after which reconciliation is not possible. Imam Khattabi has, incorrectly, attributed this view to Imam Malik (rahimahullah) as well, but Qadi Iyad al-Maliki has rejected this attribution.

In light of authentic ahadith, the position of the majority is the correct one.

Explanation:
1:
This is an interrogative used for negation, meaning that divorce was not intended.

Explanation:
1:
That is, if they wish, they may remain with you and live a life of hardship,
and if they desire the world and its adornment, then they should leave the company of the Prophet sallallahu alayhi wa sallam.
2:
O Prophet! Say to your wives: If you desire the world and its adornment, then come, I will provide for you and release you graciously (i.e., I will let you go in a good manner, giving you some wealth along with divorce). And if you desire Allah and His Messenger and the home of the Hereafter, then indeed Allah has prepared a great reward for those who do good among you (al-Ahzab: 28-29).

Benefits and Issues:
➊
If a husband says to his wife, "Choose for yourself," or "Choose yourself," or "You have the choice," etc.,
and his intention is divorce,
...
...
...
...
then if the wife chooses herself, divorce will take place.
And if she gives the choice back to the husband, then divorce will not occur.

➋
As a result of the conquests, when the financial condition of the Muslims became somewhat better compared to before, the wives of the Ansar and Muhajirin, seeing this, the noble wives (azwaj mutahharat) also demanded an increase in maintenance and provisions.
Since the Prophet (sallallahu alayhi wa sallam) was extremely fond of simplicity, he was greatly distressed by this demand of the noble wives and separated himself from his wives, which continued for a month.
Eventually, Allah the Exalted revealed this verse:
(O Prophet, say to your wives: If you desire the life of this world and its adornment, then come, I will provide for you and release you with a gracious release. (28) But if you desire Allah and His Messenger and the abode of the Hereafter, then indeed Allah has prepared for the doers of good among you a great reward.) ()
After this, the Prophet (sallallahu alayhi wa sallam) recited this verse to Aisha (radi Allahu anha) and gave her the choice.
However, he told her not to make a decision on her own, but to take any step after consulting her parents.
Aisha (radi Allahu anha) said: How could it be possible that I would consult anyone about you?
Rather, I choose Allah and His Messenger.
The same was said by the other noble wives, and none of them preferred the luxuries of the world over the Messenger of Allah (sallallahu alayhi wa sallam).
(Sahih Bukhari, Tafsir of Surah Ahzab.
Taken from Tafsir Ahsanul Bayan)

The correct view is that merely granting the right of divorce does not result in divorce until the woman chooses (or prefers) the divorce.

That is, divorce does not occur in this manner. Divorce takes place when the woman prefers divorce over her husband. Some jurists are of the opinion that even if the woman prefers her husband, the divorce will still take effect, but this is an extremely unreasonable view. It is this very notion that Hafsah radi Allahu anha is refuting. Some scholars are of the view that the Messenger of Allah sallallahu alayhi wa sallam did not actually grant the option of divorce, but rather sought their opinion, saying: "If you wish, I will divorce you." However, Hafsah radi Allahu anha did not accept such a distinction.

Benefits and Issues:
➊
The background of this incident is that when, as a result of conquests, the financial condition of the Muslims improved, the wives of the Ansar and Muhajirin also began to live in better circumstances. Observing this, the Mothers of the Believers (Ummahat al-Mu’minin) requested the Prophet sallallahu alayhi wa sallam to increase their maintenance and provisions.
The Messenger of Allah sallallahu alayhi wa sallam became distressed by this and withdrew from the Mothers of the Believers, staying in seclusion in an upper room for a month.
After this, Allah the Exalted revealed the verses of the fourth section (rukūʿ) of Surah al-Ahzab, in which Allah the Exalted said:
“O Prophet! Say to your wives:
If you desire the wealth of this world, it will be given to you, but for that you will have to separate from me.
And if you wish to remain with me, then you must continue to live a life of contentment as you have done so far with patience and gratitude.”
The Mothers of the Believers radi Allahu anhunna chose to remain with the Prophet sallallahu alayhi wa sallam in patience and contentment; thus, all of them remained in the marriage of the Prophet sallallahu alayhi wa sallam. (Sahih al-Bukhari, Kitab al-Talaq, Chapter: “Whoever gave his wives the choice...”, Hadith: 5262; and Sahih Muslim, Kitab al-Talaq, Chapter: “Regarding Ila’, separation from women, and giving them the choice...”, Hadith: 1479)

➋
Granting the right of choice (khiyar) to the woman by the man is not itself a divorce (talaq); however, if the woman avails herself of this right and decides to separate, then a revocable divorce (talaq raj‘i) will take place.

Benefit:
From this hadith, it is understood that when a husband gives his wife the right of choice (khiyar), divorce does not automatically take place. The Messenger of Allah (sallallahu alayhi wa sallam) gave his wives the right of choice; he did not issue a divorce.