Is the Khul' conducted by a husband for his wife valid when he is terminally ill, regarding the consideration paid?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The Khul' by the husband for his wife is valid without question, whether the consideration is equal to, more than, or less than her *mahr al-mithl*. This amount is not restricted to the one-third limit applicable to bequests because if he had divorced her without compensation, it would have been valid, and thus divorce with consideration is more appropriate. Furthermore, the heirs do not lose anything by this Khul', as the wife would be separated upon his death without inheriting.
Supporting text
If the ill husband bequeaths to his wife an amount equal to or less than her inheritance, the bequest is valid because there is no suspicion that he intended to benefit her by severing the marital bond when she would otherwise inherit. However, if he bequeaths an amount exceeding her inheritance, the heirs may prevent payment of the excess because he is suspected of intending to transfer that amount to her, which he could not have done while she was in his marital custody, prompting him to divorce her to effect the transfer, which is disallowed similar to bequeathing to an heir.