twice on separate occasions, then a khulʿ is effected using the wording of divorce: according to those who hold that a khulʿ expressed in the wording of divorce counts as a divorce, she becomes irrevocably separated from him and is not lawful for him unless she marries another husband. According to those who hold that khulʿ is an annulment even when expressed in the wording of divorce, however, she is lawful for him through a new marriage contract, even during her waiting period. This latter view is the stronger one.

Nevertheless, we advise those who draw up khulʿ agreements not to say, “He divorced his wife in return for compensation amounting to such-and-such,” but rather, “He effected khulʿ with his wife in return for compensation amounting to such-and-such.” This is because most judges in our country—and I believe elsewhere as well—hold that when khulʿ is effected using the wording of divorce, it becomes a divorce. This may harm the woman: if it was the final divorce, she becomes irrevocably separated from him; and if it was not the final one, it is counted against him.

Khulʿ may be initiated at the husband’s request, the wife’s request, her guardian’s request, or the request of a third party. It may be at the husband’s request when he has grown weary of his wife but gave her a large bridal gift and wishes her to enter into khulʿ with him by returning some of that bridal gift.

More commonly, it is at the wife’s request. May a wife request khulʿ or not?

The answer is: if there is a legitimate reason and she is unable to remain with her husband, she may do so. But if there is no reason, she may not. For example, a woman may dislike living with her husband because of his unattractive appearance, his bad character, his weak religious commitment, or his habitual coldness. In short, if there is a reason that undermines marital companionship, she may request khulʿ.