His words, “or fears committing sin by failing to fulfil his rights,” mean that she does not dislike anything about him, but fears committing sin by failing to fulfil his rights. She finds herself unable to submit to him and responds to his request for intimacy only resentfully and unwillingly, as was the case with the wife of Thabit. If a woman fears that she will fail to fulfil Allah’s rights concerning him, is khulʿ permissible?

Yes, because Allah, Most High, says: “If you fear that they cannot keep within the limits of Allah” [al-Baqarah 2:229]. Thus, if the two fear that they cannot keep within the limits set by Allah, the author says:

“Khulʿ is permissible.” The phrase “is permissible” is in the passive form; that is, it becomes permissible for her—meaning, lawful.

His words, “Otherwise,” mean: if there is no reason for it.

His words, “it is disliked, though it takes effect”: what is disliked is that whose abstention is rewarded when done in compliance with Allah’s command, while its commission is not punished. Nevertheless, the khulʿ takes effect. Thus, if a woman, for example, has a sound relationship with her husband, but for any reason says, “I will give you back what you gave me, so let me go—divorce me,” what is the ruling?

We say: khulʿ is disliked, but it takes effect, because it is not prohibited, and what is disliked is legally effective. This is the well-known position of the madhhab. There is another view: that khulʿ when the marriage is sound is prohibited and does not take effect. This is the correct view, because Allah, Most High, says: “If you fear that they cannot keep within the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself” [al-Baqarah 2:229]. The implication of the verse is that, if they do not fear that they will fail to keep within the limits of Allah, then they are blameworthy. This supports the soundness of the hadith, despite its weakness: “Any woman who asks her husband for divorce without any harm...”