the scholars of reasoning (Ashab al-Ra'y) said: He does not have the right to retract it; because he has granted her ownership of that, so he does not possess the right to retract, just as if she were divorced. Our argument is that it is an agency, so he has the right to retract it, like agency in a sale, and just as if he had addressed a stranger with that. Their statement that it is a 'grant of ownership' (tamlik) is invalid; for it is not valid for divorce to be granted ownership, nor does it transfer from the husband, rather another person acts as a deputy for him in it. So if he substitutes another in it, it is agency, nothing else. Furthermore, even if it were conceded that it is a grant of ownership, it is valid to retract it before acceptance is connected to it, like a sale. And if the husband has intercourse with her, it constitutes a retraction; because it is a type of agency, and disposing of the object of agency invalidates the agency. If the wife rejects what was assigned to her, it becomes void, just as agency is invalidated by the agent's revocation.

Section: Divorce does not occur through this statement alone, unless he intends by it the effect of her divorce in the present, or she divorces herself. Whenever she rejects the affair that was assigned to her, it becomes void, and nothing occurs, according to the opinion of most scholars; among them are Ibn Umar, Sa'id ibn al-Musayyib, Umar ibn Abd al-Aziz, Masruq, Ata', Mujahid, al-Zuhri, al-Thawri, al-Awza'i, and al-Shafi'i. Qatada said: If she rejects it, it is a single revocable divorce. Our argument is that it is an agency that the agent rejected, or a grant of ownership that the grantee did not accept, so nothing occurs by it, like all other agency and grants of ownership. However, if he intended by this to divorce her in the present, she is divorced in the present, and it does not require her acceptance, as if he said: 'Your bond is upon your shoulder' (habluki 'ala gharibiki).

1264 - Issue: He said: '(And if she says: "I have chosen myself," it is one [divorce], and she possesses the right of return.)'

The summary of the matter is that when the woman who has been granted the authority or given the choice says: 'I have chosen myself,' it is one revocable divorce. This is narrated from Umar, Ibn Mas'ud, and Ibn Abbas. This is also the view of Umar ibn Abd al-Aziz, al-Thawri, Ibn Abi Layla, al-Shafi'i, Ishaq, Abu Ubayd, and Abu Thawr. It is narrated from Ali that it is one irrevocable (ba'ina) divorce. This is the view of Abu Hanifa and his companions; because his granting her authority over her own affair necessitates the removal of his authority over her, and when she accepts that by choosing, it must necessarily cease, and that cannot happen while the right of return remains. From Zayd ibn Thabit it is narrated that it is three. This is the view of al-Hasan, Malik, and al-Layth, except that