Is dissolution via Khul' considered a revocable divorce (Raj'i), a final irrevocable divorce (Ba'in), or a dissolution (Faskh)?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
There are two narrations from Ahmad regarding Khul'. One narration states that Khul' is a dissolution (Faskh). This view is favored by Abu Bakr, Ibn 'Abbas, Tawus, 'Ikrimah, Ishaq, Abu Thawr, and one opinion of Al-Shafi'i. The evidence presented for Khul' being a Faskh is derived from the interpretation of Quran 2:229, where Allah mentions 'Divorce is twice,' followed by the verse concerning Khul' ('then there is no blame upon them in what she redeems herself with'), and then the verse concerning the third divorce ('But if he has divorced her [for the third time], then she is not lawful to him afterward until she marries a husband other than him'). If Khul' were counted as a divorce, this structure would imply four separations. Additionally, since it is a separation devoid of explicit divorce wording and intent, it should be a Faskh, like other dissolutions.
Supporting text
The second narration states that Khul' is an irrevocable divorce (Ba'in). This is the position of Sa'id ibn al-Musayyib, Al-Hasan, 'Ata', Shurayh, Malik, Al-Awza'i, and the Ashab al-Ra'y. The rationale is that the wife offers consideration for separation, and the separation the husband has the authority to initiate is divorce, not Faskh. Therefore, Khul' must be a divorce. Furthermore, since the husband uses the wording of divorce intending separation, it should be counted as a divorce, like other instances where divorce is intended. The practical difference between the views is that if it is counted as a divorce (Ba'in), one Khul' counts towards the limit of three divorces. If it is counted as a Faskh, the wife does not become permanently unlawful to him, even if the husband performs Khul' one hundred times, provided this difference applies when Khul' is done without the explicit wording of divorce and without the husband intending divorce by it.