What exactly do jurists mean by "at-takhyir" (giving a choice)? And does a husband's statement to his wife, "What do you want?" or "Choose divorce, separation, or that we continue," along with his intention for divorce, fall under the category of "at-takhyir" through which divorce occurs simply by the wife choosing divorce, especially when the wife affirms that she had wanted divorce by her request and did not understand that she possessed the power to effect it? And is divorce necessarily precipitated in this case, given the existence of two previous divorces?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The phrases mentioned are not explicit in divorce, but rather are allusions (kinayat) that require the husband's intention to effect divorce through them. If the husband did not intend divorce with these phrases, then it does not occur. This is the view of the majority of scholars. Accordingly, your wife's divorce did not occur through those phrases as long as you did not intend to effect it with them.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/144735
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 144735
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy