Benefits of the Hadith: (… Aisha said that when the Messenger of Allah (peace and blessings be upon him) ordered his wives to choose, he started with me …).
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The Shaykh : This hadith is evidence for what the author (may Allah have mercy on him) mentioned, or for the heading under which the compiler categorized it, that if a man gives his wife the choice, this is not a divorce. So if the relationship between them, meaning between the husband and wife, is not good, and he says to her, “You have the choice; if you wish to stay with me, and if you wish to divorce yourself, then this does not constitute a divorce. But is he allowed to take her back or not? We say this is an agency, so he has the right to take her back. It was also said that he has the right to take her back as long as she is in the session of choice, and otherwise he does not. Then, if she chooses, is she allowed to divorce herself three times to thereby make the divorce final, or not? We say she does not have the authority to do this; she does not have the authority for three divorces, just as the agent does not have the authority for more than one. This is if we say that three divorces pronounced in one word, or before the taking back, are considered three. But if we say that three divorces are one, then the apparent matter is that even if she divorces herself three times, she is only divorced once. In this is evidence of Aisha’s (may Allah be pleased with her) jurisprudence and her perfection, and it is a great virtue. It is also evidence of Aisha’s (may Allah be pleased with him) status with the Prophet (peace and blessings be upon him). For this reason, he ordered her to be deliberate and to consult her parents, fearing that she would rush and say, “I choose myself” or “I choose the world.” This indicates the highness of her status with the Prophet (peace and blessings be upon him). Yes.
