What happens if Khul' is contracted for the fruit yield of palm trees over several years, and the trees bear no fruit?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The contract for the fruit yield of palm trees over years is permissible according to Ahmad. If the trees do not yield fruit, she must satisfy him with something (*turdihi bi shay'*). This implies that he is entitled to the least amount that can be called 'fruit' or 'offspring' if nothing materializes, meaning she must give him any item in satisfaction, similar to the ruling concerning movable property if nothing is found.
Supporting text
Al-Qadi interprets Ahmad's statement 'satisfy him with something' as merely recommendation (*istihbab*), arguing that if it were obligatory, it would have been quantified to a standard to which recourse could be made. Abu Al-Khattab chose that in these three specified unknown categories (fetus, yield, etc.), the named dowry is due to him. Al-Shafi'i mandated the dowry of likeness, and Abu Bakr did not validate *Khul'* in any of these unknown exchanges.