How is the compensation (excess over Mahr) calculated in a Khul' when the wife dies, according to Shafi'i?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 3 · Bab 1

Open in Qurani

Primary text

Shafi'i asserts that the excess compensation beyond the Mahr al-Mithl is a gift (muhabah) that is counted from one-third of the wife's remaining estate after the Mahr al-Mithl is secured for her. For example, if the Mahr al-Mithl is twelve and the compensation is thirty, he receives eighteen: twelve for the Mahr and six as one-third of the remaining estate six.