her death. Ibn al-Qāsim said it is assessed on the day of the divorce, while Ibn Nāfiʿ and Asbagh said it is assessed on the day of death, as will be seen in their respective discussions. Thus, according to these two opinions, the heirs’ rights take precedence over divorce in return for compensation.
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Khulʿ (divorce in return for compensation) derives from ikhtilāʿ, meaning to strip one thing away from another. An example of this usage occurs in the hadith stating that the Messenger of Allah, may Allah bless him and grant him peace, did no more for Muʿādh’s creditors than surrender his property to them—that is, he divested him of all his property. The terms used for this form of divorce are khulʿ, sulh, mubāra’a, and fidya. All convey the same basic meaning: providing compensation in exchange for divorce. Their different names reflect the different forms the transaction takes. Khulʿ entails giving all one’s property in exchange for divorce; sulh entails giving some of it; and fidya entails giving back everything the husband has given her. Mubāra’a entails the wife relinquishing her claims against her husband in exchange for divorce, or each spouse relinquishing their claims against the other in exchange for divorce. All have the same ruling: they constitute a single irrevocable divorce if neither party expressly mentions divorce.
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Khulʿ may be concluded for any number of divorce pronouncements, although more than one is disliked. If this occurs, however, it is valid and takes effect. If she agrees to compensate him for divorcing her three times, but he divorces her only once, she has no grounds for objection, since a single divorce has secured what three would have secured for her: control over her own marital affairs.
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If khulʿ occurs without any express mention of divorce, it constitutes a single irrevocable divorce. This is contrary to al-Shāfiʿī’s view that khulʿ is an annulment rather than a divorce. His argument is that Allah mentions khulʿ after saying:
“Divorce may be pronounced twice.” [al-Baqara: 229]
He then says:
“If he divorces her, she is not lawful to him thereafter until she marries another husband.” [al-Baqara: 230]
This, he argues, indicates that khulʿ is disregarded and not counted as a divorce. This provides no proof, however, because