Sahih Muslim
Sahih Muslim 1477 e
Giving one's wife the choice does not count as a divorce, unless it is intended as such
Arabic hadith text
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، وَأَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ وَأَبُو كُرَيْبٍ قَالَ يَحْيَى أَخْبَرَنَا وَقَالَ الآخَرَانِ، حَدَّثَنَا أَبُو مُعَاوِيَةَ، عَنِ الأَعْمَشِ، عَنْ مُسْلِمٍ، عَنْ مَسْرُوقٍ، عَنْ عَائِشَةَ، قَالَتْخَيَّرَنَا رَسُولُ اللَّهِ صلى الله عليه وسلم فَاخْتَرْنَاهُ فَلَمْ يَعْدُدْهَا عَلَيْنَا شَيْئًا .
Translation
'A'isha (Allah be pleased with her) reported
Allah's Messeinger (ﷺ) gave us the option (to get divorce), but me made a choice of him and he did not count anything (as divorce) in regard to us.
Commentary on Hadith from The Book of Divorce
This narration from Sahih Muslim 1477 e recounts a significant incident where the Prophet Muhammad (ﷺ) offered his companions an option regarding divorce, but they chose to remain with him, and he did not count their statement as constituting divorce.
Context and Meaning
The hadith refers to an incident where some companions uttered words that could be interpreted as divorce under normal circumstances. However, the Prophet (ﷺ) recognized their true intention was not to dissolve their marriages but was spoken in a moment of emotional distress or as a rhetorical expression.
This demonstrates the Islamic legal principle that intention (niyyah) is crucial in determining the legal consequences of statements. When words are spoken without the genuine intent to divorce, they do not automatically effect a divorce.
Legal Implications
Scholars derive from this hadith that not every utterance of divorce words automatically results in legal divorce. The context, intention, and circumstances must be considered.
The Prophet's (ﷺ) action establishes that when words are spoken in anger, jest, or without serious intent, they should not be taken as effecting divorce. This protects the sanctity of marriage and prevents hasty dissolution of family bonds.
Scholarly Interpretation
Classical scholars like Imam Nawawi commented that this hadith shows the mercy and wisdom of Islamic law, which considers human nature and prevents the permanent breaking of family ties due to momentary emotional outbursts.
The companions' choice to remain with the Prophet (ﷺ) indicates their recognition of his superior judgment and their trust in his guidance regarding marital matters.