Is it permissible for a slave or a person under financial guardianship to receive the consideration paid in their Khul'?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The first opinion is that it is not permissible because the consideration in the slave's Khul' belongs to the master, and it is impermissible to hand it over to anyone other than the owner without his permission. The consideration in the Khul' of the Mahjur 'alayh belongs to him, but delivery to him is prohibited because the guardianship restricts his capacity to transact. The statement of Ahmad is understood to apply when the slave has destroyed the property before it was handed over to the master, and the fact that there is no recourse against the wife does not imply that handing the money to the slave is permissible, as recourse against her would lead to recourse against the slave, whose person is owned by the master, rendering the recourse without benefit. If the wife delivers the consideration to the Mahjur 'alayh, she is not absolved of liability. If the guardian takes it from him, she is absolved. If he destroys it or it perishes, the guardian has recourse against her for its value.
Supporting text
The Judge holds that the slave and the Mahjur 'alayh have the right to accept the consideration because whoever has valid Khul' has valid capacity to accept consideration, similar to one under guardianship due to bankruptcy. This is supported by the statement of Ahmad that whatever a slave acquires through Khul' belongs to his master, and if he consumes it, there is no recourse against the giver or the one who sought Khul', and the Mahjur 'alayh is analogous to the slave.