item for a period, then canceled, and then bought it through another contract during that period. If she did not choose herself, or chose her husband, and the husband divorced her, then he remarried her, her choice is void; because the choice stipulated in one contract is not established in another contract, just as in sale. The ruling regarding his statement, 'Your affair is in your hand,' in all of this, is like the ruling on 'the choice' (takhyir); because it is a type of choice. If he says to her, 'Choose, or your affair is in your hand, today and after tomorrow,' and she rejects it on the first day, it does not become void regarding the next day; because these are two choices that are separated from each other, so one does not become void by the voidance of the other, unlike when the time is continuous and the expression is one, for then it is a single choice, and the whole is void by the voidance of some of it. If he says, 'You have the choice for a day,' or 'Your affair is in your hand for a day,' its start is from the moment he uttered it until the equivalent time of the following day; because it is impossible to complete a full day except by that. If he says, 'a month,' then it is from the hour he spoke until the completion of thirty days up to that same hour. If he says, 'the month,' or 'the day,' or 'the year,' it is for what remains of the month, day, or year.
1268 - Issue; He said: (And she does not have the right to choose more than one [divorce], unless he grants her more than that.)
The sum of the matter is that the word 'choice' (takhyir) in its absolute sense does not entail more than one revocable divorce. Ahmad said: This is the position of Ibn Umar, Ibn Mas'ud, Zayd ibn Thabit, Umar, and Aisha, may Allah be pleased with them. It was also narrated from Jabir and Abdullah ibn Umar. Abu Hanifah said: It is one irrevocable divorce. This is also the position of Ibn Shubrumah; because her choosing herself entails the cessation of his authority over her, which cannot be except by irrevocability. Malik said: It is three [divorces] for a woman with whom the marriage has been consummated; because a woman with whom the marriage has been consummated does not become irrevocable with less than three, unless it is with compensation. Our evidence is the consensus of the Companions, may Allah be pleased with them, for those whom we have named among them said: If she chooses herself, it is one [divorce], and he is more entitled to her. Al-Najjad narrated this from them with his chains of transmission.
(9) In B and M: 'and from' (wa-min). (1) In B and M: 'Amr'. (2) In B and M: 'the one who has entered [the marriage]' (al-mudkhal).