Does the husband receive compensation if the wife stipulates, 'Divorce me three times, and you shall have one thousand,' but he only divorces her once?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If the wife states, 'Divorce me three times, and you shall have one thousand,' and the husband divorces her fewer than three times, the divorce occurs, but the husband receives nothing. If he divorces her three times, he earns the one thousand. This is because the wife requested the divorce in exchange for compensation, which establishes a contract for consideration, analogous to offering compensation if the husband takes back his runaway slave. The argument that the divorce was not conditioned upon the compensation is invalid, as the context implies the thousand is the compensation for the divorce specified.
Supporting text
The opinion of Al-Shafi'i and the two disciples of Abu Hanifa (Abu Yusuf and Muhammad) aligns with the view that the husband receives proportional compensation (as discussed in the previous issue). Abu Hanifa is reported to hold that the husband receives nothing even if three divorces are issued, because he did not explicitly condition the divorce upon the compensation.