Is a divorce (Khul') conditioned upon an unknown amount valid?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
A Khul' (redemption of the marital bond) agreed upon with an unknown compensation is valid, and the husband is entitled to what was stipulated. This is the position of the Ashab al-Ra'y (Hanafi school). The evidence for validity is that divorce is an act whose effect can be suspended by a condition, thus allowing for the stipulation of unknown compensation, analogous to a bequest (wasiyyah). Furthermore, Khul' is the relinquishing of the husband's right over the intimacy (buḍ'e), not involving the transfer of ownership; relinquishing admits flexibility, which is why it is permissible without compensation, unlike the marriage contract itself.
Supporting text
Abu Bakr (al-Asamm) argued that Khul' is invalid without a specified compensation, as it is a form of exchange (mu'awadah) which requires certainty, like a sale. Al-Shafi'i argued that Khul' is valid, but the *mahr al-mithl* (dower of a woman of similar standing) becomes due because it is an exchange involving intimacy, and uncertainty in compensation necessitates the *mahr al-mithl*, as in the marriage contract.