– Labasqtu: basaqa – yabsuqu, busāqan and busāqan: to spit out the saliva that is in one’s mouth.
Points derived from the ḥadith
1 – The very institution of khulʿ (redemption divorce) is affirmed; it is a lawful form of separation in Islamic law when conducted according to the prescribed manner.
2 – A wife is permitted to request it if she cannot bear her husband—whether because of his poor treatment, his physical unattractiveness, or any other repelling factor that is unrelated to a deficiency in his religion. If her aversion stems from his religious negligence, then seeking separation becomes obligatory.
3 – Some scholars restrict this permission to the case in which the husband does not love her; if he does love her, it is recommended for her to remain patient.
4 – It is recommended for the husband to accede to her request for khulʿ, as the Messenger of Allah ﷺ said: “Accept the garden and divorce her with one pronouncement.”
5 – It is forbidden to force a righteous wife into khulʿ by mistreating her so that she ransoms herself; Allah the Exalted says, “Do not mistreat them in order to take back part of what you have given them” [al-Baqara 2:19].
6 – Conversely, it is permissible to restrain her so that she ransoms herself if she has committed a flagrant act of indecency or neglected an obligatory duty, for Allah says, “Unless they commit a manifest indecency” [al-Baqara 2:19]. In such cases, separation becomes obligatory by whichever legitimate means of marital dissolution.
7 – Khulʿ must involve compensation, as in the verse, “There is no blame upon them for what she pays as ransom” [al-Baqara 2:229], and in the Prophet’s directive, “Accept the garden and divorce her with one pronouncement.”
8 – The compensation may exceed or fall short of the bridal gift, based on the same verse, “There is no blame upon them for what she pays as ransom” [al-Baqara 2:229]. Nonetheless, the scholars deem it disliked for the amount to exceed the original gift, citing the Prophet’s words, “Will you return to him his garden?” and Allah’s words, “And do not forget graciousness between yourselves” [al-Baqara 2:237]. According to the majority of jurists, khulʿ is valid for whatever sum the spouses mutually agree upon.