What is the ruling on a husband divorcing his wife (Khul') during her illness for a compensation exceeding her stipulated dowry (Mahr)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
According to Ahmad ibn Hanbal, the heirs of the wife who dies during this period are only entitled to receive what their share would have been from the deceased's estate, taking the lesser amount between the Khul' compensation or her inheritance share. Abu Hanifa agrees with this ruling if the divorce occurred after consummation and the wife died before the end of her waiting period (Iddah), as there is suspicion she intended to transfer more than her inheritance share to him. Malik holds that any excess over the fair dowry (Mahr al-Mithl) is to be returned. The ruling is derived from cases where the excess compensation is deemed a gift or intentional overpayment.
Supporting text
Shafi'i views that the excess beyond the Mahr al-Mithl is considered a gratuitous gift (muhabah) restricted to one-third of her remaining estate. Abu Hanifa also states that if the divorce occurs before consummation or the wife dies after the Iddah concludes, the compensation is restricted to one-third of the estate, not just the excess.