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Hadith 34962
Yahya related to me from Malik that he had heard that Abdullah
ibn Umar and Abu Hurayra were asked about a man who gave his wife
power over herself, and she returned it to him without doing anything
with it. They said that there was no divorce. (i.e. The man's giving
his wife power over herself was not interpreted as a desire for
divorce on his part.)
Muwatta Malik Book 29, Hadith 16
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Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim
from his father that A'isha, the wife of the Prophet, may Allah bless
him and grant him peace, gave Hafsa bint Abd arRahman in marriage to
al-Mundhir ibn az-Zubayr while Abd ar-Rahman was away in Syria. When
Abd ar-Rahman arrived, he said, "Shall someone like me have this done
to him? Am I the kind of man to have something done to him without his
consent?" A'isha spoke to al-Mundhir ibn az-Zubayr, and al-Mundhir
said, "It is in the hands of Abd ar-Rahman." Abd ar-Rahman said, "I
won't oppose something that you have already completed." Hafsa was
confirmed with al-Mundhir, and there was no divorce. Muwatta Malik Book 29, Hadith 15
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Yahya related to me from Malik from
Yahya ibn Said that Said ibn al-Musayyab said, "If a man gives his
wife authority over herself, and she does not separate from him and
remains with him, there is no divorce."
Malik said that a
woman whose husband gave her power over herself and they separated
while she was unwilling, had no power to revoke the divorce. She only
had power over herself as long as they remained together. Muwatta Malik Book 29, Hadith 17