Jami` at-Tirmidhi 1179

Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.

Muhammad ibn Bashshar narrated to us: Abd al-Rahman ibn Mahdi narrated to us: Sufyan narrated to us, from Isma'il ibn Abi Khalid, from al-Sha'bi, from Masruq, from Aishah, who said: The Messenger of Allah gave us the choice, and we chose him. Does that count as a divorce? Muhammad ibn Bashshar narrated to us: Abd al-Rahman ibn Mahdi narrated to us: Sufyan narrated to us, from al-A'mash, from Abu al-Duha, from Masruq, from Aishah, with a similar report. Abu Isa said: This hadith is hasan sahih. Scholars differed about this choice. It is reported from Umar and Abd Allah ibn Masud that they said: If she chooses herself, it is one irrevocable divorce. It is also reported from them that they said: It is one revocable divorce, and if she chooses her husband, nothing happens. It is reported from Ali that if she chooses herself, it is one irrevocable divorce, and if she chooses her husband, it is one revocable divorce. Zayd ibn Thabit said: If she chooses her husband, it is one divorce; if she chooses herself, it is three. Most scholars and jurists among the Companions of the Prophet and those after them followed the view of Umar and Abd Allah; this is the view of al-Thawri and the scholars of Kufa. Ahmad ibn Hanbal followed Ali's view.