the father. Likewise, he may not divorce the wife of his minor son, for the reason already mentioned: separation lies in the husband’s hands, and the husband here is a minor. If he has reached the age of discernment and does not wish to divorce, the matter is clear, since—Allah willing—it will come later in the discussion of divorce that the divorce issued by a discerning minor who understands divorce and comprehends its meaning takes effect. If he is below the age of discernment, then his father likewise has no right to divorce her. The Prophet ﷺ said: “Divorce belongs only to the one who has taken hold of the leg.” (1)
Allah, Most High, has also ascribed marriage and divorce to the husband himself. Allah, Most High, says:
“O you who believe, when you marry believing women and then divorce them...” [al-Ahzab: 49]
Thus, Allah ascribed divorce to the one who marries, so divorce rests in his hand.
The apparent meaning of the author’s words is that there is no distinction between whether this is in the son’s interest or not, nor between whether it is done using the son’s wealth or someone else’s wealth.
The correct view in this matter is that, if it is in the son’s interest, there is nothing wrong with the father arranging khulʿ or issuing a divorce, whether this is done from the son’s wealth or from his own. If it is from the father’s own wealth, the son has suffered no loss, since the wealth belongs to his father. If it is from the son’s wealth, it is because this serves his interest, just as spending on his treatment when he is ill serves his interest. But this is conditional upon there being a definite interest in the separation—for example, if the woman is foul-mouthed, ill-mannered, unchaste, and has brought calamities, affliction, and accusations into his home.
However, before divorcing on the son’s behalf, he should instruct him to divorce, just as