What is the outcome if the husband initiates Khul' upon his wife in exchange for an amount equal to the entire deferred dower she owes him?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The Khul' is valid. He may only reclaim half of the dower from her. This is because half of the dower is cancelled by set-off against the half she legally holds, and the other half is nullified by the divorce (Talaq), leaving only the remaining half owed to her by him.
Supporting text
According to another opinion, he does not recover anything from her. This is because when he initiated Khul' with the full amount while knowing half of it would be cancelled by the divorce, he effectively agreed to a Khul' based only on half the amount. Since half is cancelled by the divorce, nothing remains for her to owe him.