Is a divorce settlement ('Khul') valid if it is conditioned on the father's care ('Kafala') of their child for a specified number of years without detailing the duration of nursing or the quantity and type of food and sides?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The divorce settlement conditioned upon the father's care for the son for ten years is valid even if the duration of nursing, and the quantity and type of food and sides are not specified. In case of such generality, the obligation reverts to the maintenance allowance typical for a person of similar standing. This is supported by analogy to the maintenance of a wife, which is established through exchange (mu'awada) but is not precisely quantified. Furthermore, the father is entitled to receive the costs associated with the child's upbringing, either by taking the money due to him or by having another person spend on the child after he takes the money for himself. If the mother is permitted to spend on the child, it is permissible.
Supporting text
The opinion of Imam Al-Shafi'i holds that such a settlement is invalid unless the duration of nursing, and the quantity and type of food and sides are explicitly mentioned. The agreed-upon amount must be known, precisely defined like a subject of Salam sale, specifying what amount becomes due daily.