and Dāwūd, Ibn Khuzaymah, and others—is that khulʿ (compensated marital separation) dissolves the marriage and irrevocably separates the spouses, without counting as one of the three divorces. This is what is established from the Companions, such as Ibn ʿAbbās. It is likewise established from ʿUthmān ibn ʿAffān, Ibn ʿAbbās, and others that a woman who obtains khulʿ need not observe a waiting period of three monthly courses; rather, she need only wait for one menstrual period. This is the view of Ishāq ibn Rāhawayh, Ibn al-Mundhir, and others, and it is one of the two positions reported from Ahmad.
Well-known hadiths concerning this have been narrated from the Prophet, may Allah bless him and grant him peace, in the Sunan collections, corroborating one another. He explained that this is established from the Prophet, may Allah bless him and grant him peace, and said that it had been reported from a group of Companions that they regarded khulʿ as divorce. However, leading hadith scholars—including Imam Ahmad ibn Hanbal, Ibn Khuzaymah, Ibn al-Mundhir, al-Bayhaqī, and others—judged that report weak, as has been transmitted from them concerning this matter.
Khulʿ is when a woman offers her husband compensation so that he will separate from her. Allah Most High says:
“Divorced women shall wait for three monthly courses. It is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day. Their husbands have a greater right to take them back during this period, if they desire reconciliation. Women have rights similar to their obligations, according to what is reasonable, but men have a degree above them. And Allah is Almighty, All-Wise.”
“Divorce is twice; then either retain her on reasonable terms or release her with kindness. It is not lawful for you to take back anything you have given them, unless both fear that they cannot keep within Allah’s limits. If you fear that they cannot keep within Allah’s limits, there is no blame on either of them concerning what she gives to secure her release. These are Allah’s limits, so do not transgress them. Whoever transgresses Allah’s limits—it is they who are the wrongdoers.”
“Then if he divorces her, she is not lawful to him