Chapter on Khulʿ ⦗1⦘

Khulʿ is valid when pronounced by anyone who is legally entitled to issue a divorce, and the compensation is valid when paid by someone whose gift is legally effective, be that the wife herself or a third party. It is disliked if sought without genuine need, and it is forbidden when the husband wrongfully withholds his wife merely to force her into buying her release—except ⦗2⦘ when she has committed fornication, become openly rebellious, or abandoned an obligatory act.

If the compensation is offered by a slave-woman without her master’s permission, or by a person under interdiction, the khulʿ is invalid; however, a revocable divorce still takes effect if the husband employs the wording of divorce or intends it.

Section

By default, khulʿ constitutes an irrevocable divorce unless carried out with an explicit formula of talaq. Utterances such as “I have effected khulʿ,” “I have annulled,” or “I have granted redemption,” when spoken without the intention of divorce, amount to a dissolution that does not reduce the number of remaining divorces.

No divorce takes effect with regard to a wife already observing her waiting period from his earlier divorce, even if he directs the wording to her ⦗3⦘, nor is it valid to stipulate a right of return in khulʿ.

If he performs khulʿ without any compensation, or in exchange for something unlawful, it is treated as a revocable divorce provided the wording or intention of talaq is present.

It is disliked for him to take from her more than he originally gave, yet khulʿ remains valid with an unspecified compensation or when the consideration consists of covering the maintenance owed for a pregnant woman’s waiting period.