If the agent is absent, it is disliked for the husband to have intercourse, fearing that the agent might have divorced her, and Ahmad also prohibited it for this same reason. The Judge also interpreted it as recommendation; because the original state is the continuation of the marriage, so the matter is based on certainty. Ahmad's statement: "His revocation is by calling witnesses that he has revoked what he granted to him," means that his word is not accepted that he has revoked it, unless with evidence. However, if the woman confirms that he has revoked it, it is accepted, even if he does not have evidence.

1267- Issue: He said: "And if he gives her the choice, and she chooses separation from that time, otherwise she has no choice."

Most scholars are of the opinion that giving the choice (al-takhyir) is immediate; if she chooses in her time, it is valid, otherwise she has no choice after that. This was narrated from Umar, Uthman, Ibn Masud, and Jabir, may Allah be pleased with them. This is also the view of Ata, Jabir ibn Zayd, Mujahid, al-Sha'bi, al-Nakhai, Malik, al-Thawri, al-Awza'i, al-Shafi'i, and the jurists of opinion (Ashab al-Ra'y). Al-Zuhri, Qatadah, Abu Ubayd, Ibn al-Mundhir, and Malik, in one of his two narrations, said: It is on a delayed basis (tarakhi), and she has the choice during the gathering and after it, as long as he does not annul it or have intercourse. Ibn al-Mundhir argued using the words of the Messenger of Allah (peace be upon him) to Aisha when he gave her the choice: "I am going to mention a matter to you, so there is no harm on you in not rushing until you consult your parents." This prevents...