When divorce is conditioned upon the wife giving the husband something, when is the divorce effective?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The divorce occurs whenever the wife gives him something possessing a quality that allows him to take possession, regardless of whether he actually takes possession or not, because the act of giving has been completed (it can be said, 'She gave him but he did not take'). This is because the oath was conditioned upon an act from her side, which is the tender of the gift in a manner that permits his receipt. The divorce does not occur if the husband fled or was absent before her giving, or if she stipulated that Zayd owes it to him, or that it should be considered repayment of a debt owed to her, or if she gave him something as collateral, or if she arranged a set-off (transfer of debt obligation), because the gift itself did not materialize, and divorce does not occur without the fulfillment of its condition. Similarly, divorce does not occur in any instance where the giving becomes impossible, regardless of whether the impediment is from his side, her side, or a third party, due to the non-fulfillment of the condition.