Reports on giving the wife ownership of the divorce

Ibrahim narrates from Masruq (may Allah have mercy on him) that a woman said to her husband: "If the authority that is in your hand were in my hand, I would divorce you." So the husband gave the wife the authority, and she gave herself three divorces. Sayyiduna Umar (may Allah be pleased with him) asked Sayyiduna Abdullah (may Allah be pleased with him) about this, and he said: "It is one divorce, and the husband has more right to that woman." And Sayyiduna Umar (may Allah be pleased with him) said: "That is my view too."

Ibrahim (may Allah have mercy on him) narrates from Alqamah (may Allah have mercy on him) and al-Aswad (may Allah have mercy on him) that a man came to Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) and said: There was some dispute between me and my wife, such as happens between people. Then she said: "If the authority that is in your hand were in my hand, you would know what I would do." So the husband gave his authority to his wife, and the wife gave three divorces. Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) said: In my view it is one divorce and you have more right to her. I will soon meet the Commander of the Believers, Sayyiduna Umar (may Allah be pleased with him), and ask him about this. Then he met him, related the story and asked him, and he said: They give their women the authority that Allah Almighty entrusted to men! "Bi-fihi al-turab" (dust be in their mouths), "bi-fihi al-turab" (dust be in their mouths). What did you say? He said: I said that it is one divorce and the husband has more right to the woman. He said: That is my view too; had you judged otherwise, I would have thought that you had not judged correctly.

Kharijah bin Zayd (may Allah have mercy on him) says that he was sitting with Sayyiduna Zayd bin Thabit (may Allah be pleased with him) when Muhammad bin Abi Atiq came to him weeping. Sayyiduna Zayd bin Thabit (may Allah be pleased with him) said: What is the matter with you? He said: I made my wife the owner of my authority (over her), and she separated from me. Sayyiduna Zayd (may Allah be pleased with him) asked: What led you to do that? He said: Fate. Sayyiduna Zayd (may Allah be pleased with him) said: Take her back if you wish; it is one divorce, and you have the right over the woman.

Aban bin Uthman (may Allah have mercy on him) says that a man gave his authority to his wife, and she gave three divorces. The matter was brought to Zayd bin Thabit (may Allah be pleased with him), and he said: It is one divorce, and the man has more right to the woman.

Al-Qasim bin Muhammad (may Allah have mercy on him) says that a man entrusted his authority to his wife, and the wife gave a thousand divorces. The matter was brought to Sayyiduna Zayd bin Thabit (may Allah be pleased with him), and he said: It is one, and the man has more right to the woman.

Nafi' narrates from Sayyiduna Abdullah bin Umar (may Allah be pleased with them both): When the husband entrusts his authority to the wife, whatever the wife decides will stand; but if the husband objects, saying that he only intended one divorce, and swears an oath to that, then he has more right to the woman as long as she is in her waiting period (iddah).

Imam Malik (may Allah have mercy on him) says that Sayyiduna Abdullah bin Amr and Sayyiduna Abu Hurayrah (may Allah be pleased with them both) were asked about a man who had entrusted his authority to his wife, but the wife returned it to the husband without using it. Both of them said: This is not a divorce.

Masruq (may Allah have mercy on him) narrates from Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him): If they accept her, it is one divorce and the man has more right to the wife; and if they do not accept her, nothing at all is due from the man, when he hands his wife over to her family.

Masruq (may Allah have mercy on him) narrates from Sayyiduna Abdullah (may Allah be pleased with him): When a man says to his wife, "Join your family," or gives her away to her family, and they accept her, it is one divorce and the husband has more right to take her back.

Yahya bin al-Jazzar narrates from Sayyiduna Ali (may Allah be pleased with him) concerning a man who handed his wife over to her family. He said: If they accept her, it is one separating (irrevocable) divorce; and if they return her, it is still one divorce and the husband has more right to take her back.

Al-Harith narrates from Sayyiduna Ali (may Allah be pleased with him): When the husband entrusts his authority to the wife once, if she makes a decision, nothing of her affair remains with him; and if she does not decide, it is one divorce and her affair will be in the husband's hands.
There is a defect in its chain.
Note: The view of Sayyiduna Ali (may Allah be pleased with him) on "al-takhyir wa al-tamlik" (giving the choice and giving the authority) is consistent, and likewise the view of Sayyiduna Umar (may Allah be pleased with him) and Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) is consistent in both, whereas the view of Sayyiduna Zayd bin Thabit (may Allah be pleased with him) differs between the two, as we have narrated. Al-Thawri narrates from Ibn Abi Layla from al-Sha'bi that "Ikhtari" (choose) and "Amruki bi-yadiki" (your affair is in your hand) are the same in the view of Sayyiduna Ali, Sayyiduna Zayd bin Thabit and Sayyiduna Ibn Mas'ud (may Allah be pleased with them); it is as though he knew from him another view in one of the two issues that agrees with his view in the other, and Allah knows best.

Hammad bin Zayd says: I asked Ayyub: Do you know anyone who held the view of al-Hasan that when the husband entrusts his authority to the wife, she is divorced three times? He said: No, except something that Qatadah narrated from Kathir, the freedman of Abd al-Rahman bin Samurah, from Abu Salamah, that Sayyiduna Abu Hurayrah (may Allah be pleased with him) narrated likewise from the Prophet (peace and blessings be upon him). Ayyub says: Kathir came to us and I asked him, and he said: I never narrated it. When I mentioned this to Qatadah, he said: He did narrate it, but he has forgotten.
Nothing is established about Kathir's standing that would make accepting his narration necessary, and the view of the majority is contrary to his narration, and Allah knows best.
(24) Chapter: The woman who, when given the authority (tamlik), says "I divorce you" while intending divorce
It has already passed in the narrations of al-Aswad and Alqamah concerning a man who entrusted his authority to his wife, and then the wife spoke of three divorces. Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) was asked, and he said: In my view one divorce has occurred and the husband has more right to take her back. And Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) said: That is my view too.