If you desire Allah and His Messenger

But if you should desire Allah and His Messenger and the home of the Hereafter - then indeed, Allah has prepared for the doers of good among you a great reward."

[Qur'aan 33:29]


There is a difference of opinion among the scholars regarding the nature of the option which the Messenger of Allah (sallallaahu 'alayhi wa sallam) gave his wives.


The first opinion is that he (sallallaahu 'alayhi wa sallam) gave them the option of remaining his wives or getting divorced. They choose to remain married to him. This is the opinion of

'Aishah
Mujaahid
'ikrimah
Al-Sha'bi
Ibn Shihaab
Rabee'ah



The second opinion is that the option he gave them was not of divorce. It was the option of choosing this world or the next world so that they could have a high place in the next world as would be for his wives. This is the opinion of

'Ali
Qataadah
Al-Hasan


The opinion [according to Imaam Al-Qurtubi] which seems correct is the first one based on the following Hadith


Narrated Masruq: I asked `Aisha about the option: She said, "The Prophet (ﷺ) gave us the option. Do you think that option was considered as a divorce?" I said, "It matters little to me if I give my wife the option once or a hundred times after she has chosen me."

[Sahih Al-Bukhaari Hadith No. 5263]


A'isha reported:

Allah's Messenger (ﷺ) gave us the option (to get divorce) but we did not deem it as divorce.

[Sahih Muslim Hadith No. 1477]

A woman who is given a choice

The scholars have differed in respect to the woman who was given a choice by her husband to either stay with him or divorce him. According to the majority of the Salaf and scholars who give Fatwaa, if a woman chooses to stay with her husband, when given a choice, then no divorce has occurred, neither one nor more.


This is the opinion of

Umar
'Aishah
Ali
Zaid bin Thaabit
Ibn Masood
Ibn Abbaas


Some are of the opinion that if she chooses her husband then one, separating divorce will have occurred. This opinion has been attributed to Hasan Al-Basari and Al-Layth and is also present in a narration attributed to Ali (may Allah be pleased with him).


The first opinion is the correct one based on the Hadith which have been presented. 



Reference(s):

Tafsir Al-Qurtubi

By the night when it covers

وَاللَّيْلِ إِذَا يَغْشَىٰ

By the night when it Yaghshaa (covers)

[Qur'aan 92:1] 

أي يغطي

[Yaghshaa] means Yaghtaa [which means to cover something]

ولم يذكر معه مفعولا للعلم به

And He did not mention, with it, the object [of the verb covers] because of knowledge of it [i.e. it is understood].

 وقيل: يغشى النهار

And it has been said: It covers the day

وقيل: الأرض

And it has been said: [It covers] the earth

وقيل الخلائق

And it has been said: [It covers] the creation

وقيل: يغشى كل شي بظلمته

And it has been said: It covers everything by means of its darkness


[To be continued...]

And the sakratu of death will come in truth

And the sakratu (سَكْرَةُ) of death will come in truth (Al-Haqq): "This is what you have been avoiding." 

[Qur'aan 50:19]

 أي غمرته وشدته

Sakratu refers to the [intense] hardship of death.

فالإنسان ما دام حيا تكتب عليه أقواله وأفعاله ليحاسب عليها

For, man, as long as he is alive, his sayings and deeds are written [in his account] so that he is requited for them

ثم يجيئه الموت وهو ما يراه عند المعاينة من ظهور الحق فيما كان الله تعالى وعده وأوعده

Then death comes to him and he sees with his very own eyes the manifestation of the truth in regards to that which Allah had promised him and warned him [about].

وقيل: الحق هو الموت

And it has been said: Al-Haqq [i.e. truth mentioned in the Verse] is death

سمي حقا إما لاستحقاقه وإما لانتقاله إلى دار الحق

It has been named truth either because it is a reality which will come true or because it leads to the Home of Truth [i.e. the next world]

فعلى هذا يكون في الكلام تقديم وتأخير

And based on this there is Taqdeem and Ta'kheer in speech

وتقديره وجاءت سكرة الحق بالموت

And the understanding is that The sakratu of truth [i.e. death] has come with [the reality] of death

وكذلك في قراءة أبي بكر وابن مسعود رضي الله عنهما

And likewise was in the recitation of Abu Bakr and Ibn Masood (may Allah be pleased with both of them)

لأن السكرة هي الحق فأضيفت إلى نفسها لاختلاف اللفظين

Because sakratu is the truth [Al-Haqq], so it has been annexed to itself due to a difference in the two words

وقيل: يجوز أن يكون الحق على هذه القراءة هو الله تعالى

And it has been said: It is permissible that based on this recitation Al-Haqq [truth] be [i.e. refer to] Allah, the Exalted

أي جاءت سكرة أمر الله تعالى بالموت

Meaning: The sakratu of the Command of Allah, the Exalted has come with [i.e. brought] death

 وقيل: الحق هو الموت

And it has been said: Al-Haqq [the truth] is death

والمعنى وجاءت سكرة الموت بالموت، ذكره المهدوي

And the meaning is: And the sakratu of death has come with [i.e. brought] death. Al-Mahdawi mentioned this.



[To be continued...]