Praise be to Allaah.
If the husband says to his
wife: Divorce yourself, or It’s up to you, or You choose, or I authorize you
to get divorced, and she says, I divorce myself, then it counts as a
The fuqaha’ discussed in
detail a number of divorces that the wife may do, depending on the phrase
used by the husband, but as the wife only issued one divorce to herself,
there is no need to go into those details here.
Based on that, one divorce
takes place if the wife says “I divorce myself from you” and it cannot be
accepted from her that she did not intend a divorce, because if divorce is
mentioned clearly, then the one who issued it is not to be asked about his
intention, and the divorce counts as such even if he says I did not intend
If this was a first or
second divorce, then you may take her back so long as the ‘iddah has not yet
The wife has to understand
that divorce is a serious issue, and that there is no room for joking or
playing about in this matter. It counts as a divorce whether it is issued in
earnest or in jest, as the Messenger of Allaah (peace and blessings of
Allaah be upon him) said: “There are three matters in which seriousness is
serious and joking is serious: marriage, divorce and taking back (one’s
wife).” Narrated by Abu Dawood (2194), al-Tirmidhi (1184) and Ibn Majaah
(2039); classed as hasan by al-Haafiz Ibn Hajar in al-Talkhees al-Habeer
(3/424) and by al-Albaani in Saheeh Sunan al-Tirmidhi (944).
It is not permissible for a
woman to ask her husband for a divorce unless there is a reason which makes
it permissible for her to do so, such as bad treatment. See the answer to
question no. 117185.
See also the issue of
Tafweed al-Talaaq (delegating divorce) in al-Mawsoo’ah al-Fiqhiyyah
(13/113) and al-Sharh al-Mumti’ (13/84).
And Allaah knows best.