What is due if the stipulated condition (suckling) becomes impossible before any part of the period commences?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the impossibility of the condition occurs before any portion of the period has passed, the wife owes the fair wage for suckling a similar child. The basis for this is that the compensation stipulated was a specific item that perished before its possession (qabd); therefore, its value or equivalent must be rendered, similar to if the Khul' was for a measure of grain (qafiz) that perished before collection.

Supporting text

One narration from Malik states that nothing is returned. Another narration from Al-Shafi'i aligns with the main opinion (due monetary compensation), while another opinion from him suggests the return of the dowry (mahr) is required.