Is it valid for a husband to divorce his wife (*khul'*) in exchange for her maintenance (*nafaqah*) during her waiting period (*'iddah*)?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The divorce initiated by the husband in exchange for the wife's maintenance during her waiting period is permissible according to the position narrated from Ahmad and Abu Hanifa, provided the wife is pregnant. If the wife is not pregnant, she is not entitled to maintenance from him, rendering it invalid as a consideration (*'iwad*). The evidence supporting validity for the pregnant woman relies on the principle that one of the two maintenances is valid as consideration, similar to the maintenance of a child when the wife contracts for his custody for a specified time. The objection that maintenance is not obligatory is refuted by stating that maintenance is deemed obligatory upon the contract, or that even if not strictly obligatory, the cause for its obligation exists, unlike consideration involving something to be destroyed.
Supporting text
Al-Shafi'i holds that maintenance cannot be valid consideration. If the *khul'* is concluded upon it, the *mahr al-mithl* (dower of the like) becomes obligatory because the maintenance itself was not due. This is analogous to divorcing her in exchange for something she might destroy. The opinion of Al-Kharqi, by implication, suggests that the husband is entitled to something if the exchange consideration was not received, differentiating this from a Muslim man who accepts something he believes to be money (like wine) but is not, as the Muslim man is considered to have accepted the divorce without consideration.