18/4. Chapter:
Sahih Muslim 1477b — Choice and Divorce
Giving one's wife the choice does not count as a divorce, unless it is intended as such
Choice and Divorce in the Hadith of Aisha
Sahih Muslim : 1477b
Sahih MuslimHadith Number 1477b
وَحَدَّثَنَاهُ أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا عَلِيُّ بْنُ مُسْهِرٍ، عَنْ إِسْمَاعِيلَ بْنِ أَبِي، خَالِدٍ عَنِ الشَّعْبِيِّ، عَنْ مَسْرُوقٍ، قَالَ مَا أُبَالِي خَيَّرْتُ امْرَأَتِي وَاحِدَةً أَوْ مِائَةً أَوْ أَلْفًا بَعْدَ أَنْ تَخْتَارَنِي وَلَقَدْ سَأَلْتُ عَائِشَةَ فَقَالَتْ قَدْ خَيَّرَنَا رَسُولُ اللَّهِ صلى الله عليه وسلم أَفَكَانَ طَلاَقًا.
Masruq Narrated from:
I do not mind if I give option to my wife (to get divorce) once, hundred times, or thousand times after (knowing it) that she has chosen me (and would never seek divorce). I asked 'A'isha (Allah be pleased with her) (about it) and she said: Allah's Messenger (ﷺ) gave us the option, but did it imply divorce? (It was in fact not a divorce; it is effective when women actually avail themselves of it.)
Reference : Sahih Muslim 1477bIn-book reference : Book 18, Hadith 34USC-MSA web (English) reference : Book 9, Hadith 3501
Summary of Sahih Muslim Hadith 1477b
This hadith records Masruq's statement that he would not mind giving his wife the option many times after knowing she had chosen him. He then says he asked Aisha about the matter. Aisha answered that the Messenger of Allah صلى الله عليه وسلم gave them the option and then asked: did it imply divorce? The meaning given in the translation is that it was not divorce; it becomes effective when women actually avail themselves of it. For readers searching for choice and divorce hadith, this narration explains the difference between offering a choice and divorce taking effect. The text stays focused on the wife choosing to remain, and Aisha's answer is the main evidence presented in the narration.
What we learn from this hadith
- Masruq asked Aisha about giving the option to a wife.
- Aisha referred to the Prophet صلى الله عليه وسلم giving his wives the option.
- The narration explains that the option itself was not divorce when not used for separation.
- The wife's actual choice is central in this report.
