three; because she chooses herself with one or with three, so if they both intend it, it occurs, like his saying: "You are irrevocable (ba'in)."

1265 - Issue: He said: (And if she divorces herself three times, and he says: "I did not place anything in her hands except one," his statement is not heeded, and the judgment is what she judged.)

Among those who said: "The judgment is what she judged," are Uthman, Ibn Umar, and Ibn Abbas. It is also narrated from Ali and Fadalah ibn Ubayd. This is the view of Sa'id ibn al-Musayyab, Ata', and al-Zuhri. From Umar and Ibn Mas'ud, it is reported that it is one divorce. This is the view of (1) Mujahid, al-Qasim, Rabi'ah, Malik, al-Awza'i, and al-Shafi'i. Al-Shafi'i said: If he intended three, she has the right to divorce three, and if he intended otherwise, she does not divorce three, and his statement is accepted regarding his intention. The Qadi said: Abdullah narrated from Ahmad that which indicates that if he intended one, it is one; because it is a type of giving a choice, so one returns to his intention regarding it, like his saying: "Choose." Our argument is that it is an expression that implies generality in the entirety of her affair, because it is an attributed generic noun, so it encompasses all three divorces, just as if (2) he said: "Divorce yourself (3) as much as you wish." His statement: "I meant one," is not accepted, because it is contrary to what the expression implies, and he is not to be believed in this; because it is among the clear metaphors, and clear metaphors imply three.

1266 - Issue: He said: (And the ruling is the same if he places it in the hands of someone else.)

This is a summary of the fact that if he places the affair of his wife in the hands of someone else, it is valid, and its ruling is the ruling of what if he placed it in her hands, in that it remains in his hand during the gathering and after it. Al-Shafi'i agreed upon this regarding someone else; because it is an agency (tawkil). It is the same whether he says to him: "My wife's affair is in your hand," or he says: "I have granted you the choice regarding the divorce of my wife."