Is the composite contract valid if a wife offers a price to buy a slave and divorce herself for that amount?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 1 · Bab 1

Open in Qurani

Primary text

The contract is valid when a wife states: 'Sell me this slave of yours, and divorce me for one thousand.' When the husband agrees, it is considered both a sale and a Khul' (redemption from marriage) for a single consideration. This is permissible because each transaction, the sale and the Khul', can stand validly with its own consideration, thus their combination is valid, similar to combining two sales of garments. Ahmad explicitly affirmed the validity of combining a sale and a Saraf (exchange transaction), which is analogous to this case. According to this valid ruling, the one thousand (the consideration) is proportionally distributed between the stipulated Mahr (dowry) and the value of the slave. Thus, the portion corresponding to the Mahr is the consideration for the Khul', and the portion corresponding to the slave's value is the consideration for the sale.

Supporting text

Some scholars among the Shafi'i school hold a second view that such a combination is invalid because the legal implications (Ahkam) of the two contracts differ. The first opinion, upholding validity, is considered stronger based on the stated analogy.