What compensation is due when a wife proposes divorce for a fixed sum, and the husband pronounces three divorces instead of one?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If a wife stipulates, 'Divorce me with one pronouncement for a thousand (currency units),' and the husband pronounces three divorces, the wife is entitled to the thousand units. This is because the husband executed what she requested (the divorce) along with an addition, as three divorces encompass one divorce plus two additional ones. Similarly, if the husband said, 'Divorce yourself three times,' and the wife pronounced one divorce, it takes effect, and the compensation is due for the single divorce. The excess that was not stipulated with compensation does not warrant payment.
Supporting text
Muhammad ibn al-Hasan argues, based on the principle of Abu Hanifa, that no compensation is due. This is because the three pronouncements contradict the one requested, and nullification of the bond requires a subsequent marriage and consummation, which might not be intended by the wife, nor is compensation offered for it. Therefore, the pronouncements constitute an independent event, not that which was sought, thus nullifying the right to compensation.