then the fragrance of Paradise is forbidden to her.” (1) This indicates that it is among the major sins.

In sum, we say: the verse supports the hadith. Accordingly, we say that if it is sought without a reason, then the correct view is that it is prohibited and does not take effect. It is prohibited on account of the verse and the hadith, and it does not take effect because of the Prophet’s statement: “Whoever introduces into this matter of ours that which is not from it, it is rejected.” (2)

However, if we say that the khulʿ does not take effect, does it instead take effect as a divorce?

The answer is: if it was expressed using the wording of khulʿ, and he did not intend divorce by it, then no divorce takes effect, because he neither uttered it nor intended it, while the khulʿ itself was invalid. By “the wording of khulʿ,” we mean, for example, that he says, “I have granted her khulʿ,” “I have annulled the marriage,” “I have released her in exchange for compensation,” or the like. In that case, neither khulʿ nor divorce takes effect. But if it was expressed using the wording of divorce, or with the intention of divorce, then divorce takes effect according to the madhhab, because khulʿ expressed in the wording of divorce becomes a divorce. According to the view that khulʿ is valid only when expressed using the wording of annulment or compensation, however, the divorce does not take effect either, because it has become clear that it is prohibited and serves no purpose.

Remarkably, the author, may Allah have mercy on him, said, “It is disliked, though it takes effect,” and cited the hadith: “Any woman who asks her husband for divorce without any harm, the fragrance of Paradise is forbidden to her.” (3) The implication of this evidence is that