Muwatta Malik #1241
Divorce
Yahya related to me that Malik heard Ibn Shihab say, "When a man
gives his wife the right of choice, and she chooses him, that is not
divorce."
Malik added, "That is the best of what I have
heard."
Malik said that if a woman who had been given the
right of choice by her husband chose herself, she was divorced trebly.
If her husband said, "But I only gave her the right of choice in one,"
he had none of that. That was the best of what he had heard.
Malik said, "If the man gives his wife the right of choice and she
says, 'I accept one', and he says, 'I did not mean that, I have given
the right of choice in all three together,' then if she only accepts
one, she remains with him in her marriage, and that is not separation
if Allah, the Exalted wills."
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About Muwatta Malik
This hadith is #1241 from Muwatta Malik, in the Book of Divorce. Muwatta Malik contains 1,985 hadiths across 61 books.