Does a divorce take place if the wife says to her husband, "I have divorced myself," after the husband said to her, "Why don't you divorce me?" when he did not intend to authorize her to divorce herself, but rather intended for her to go to the judge to seek a Khul' (divorce by mutual consent, initiated by the wife)?

When a husband says to his wife: "Why don't you divorce me?" if he does not intend thereby to delegate to her the right to divorce herself, then this statement does not grant the wife the right to divorce herself. This wording is not explicit in delegating divorce, and therefore, a divorce does not occur by it unless the husband intended it. The phrases "your affair is in your hand" or "choose yourself" are considered allusions (kinayat) that require intention or an indicative circumstance for a divorce to take place.