—based on our view that it is valid for a father to marry off a daughter who has not reached puberty—then later sees that her situation with her husband is not sound and wishes to arrange a khulʿ for her from her husband, we say: if you offer the compensation from your own funds, this is permissible. As mentioned earlier, the compensation for khulʿ may be offered by the wife, her guardian, or a third party—and here the father is her guardian. But if you offer it from her wealth, this is not permissible, because khulʿ is a gratuitous disposal, and a father may not make a gratuitous disposal of any part of the wealth of one under his guardianship. This is the position of the madhhab.
The second view is that a father may arrange a khulʿ for his daughter in return for something from her wealth if that is in her best interest. This view is correct, because Allah’s saying,
“Do not approach the orphan’s property except in the best manner.” [al-Anʿām: 152]
includes whatever is best for her with respect to her wealth, her religion, her physical wellbeing, or anything else. Thus, if he may buy clothing for his daughter from her wealth, and may pay for her medical treatment from her wealth, then this is even more warranted—provided that he considers it to be in her best interest.
Khulʿ does not discharge rights other than those involved in it, ........
His statement, “Khulʿ does not discharge rights other than those involved in it,” means that khulʿ is an independent contract and therefore does not discharge any outstanding obligations. If a woman enters into khulʿ with her husband in return for a sum of money, while he still owes her money, maintenance, or any other right due to her, this khulʿ does not discharge those rights.
For example, a man marries a woman for a dowry of ten thousand riyals. He pays her five thousand riyals and consummates the marriage. He then enters into khulʿ with her for five thousand riyals, which she offers to him; she then pays it to him and the khulʿ is concluded. She still has a right against her husband: the remaining five thousand riyals of the dowry. Thus, we do not say that the khulʿ