Is Khul' (redemption from marriage) valid when the husband or wife is terminally ill?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 2 · Bab 1

Open in Qurani

Primary text

The Khul' during illness is valid, regardless of whether the sick party is the husband, the wife, or both. This is because Khul' is a form of commutative transaction (mu'awadah), which is valid during illness, similar to a sale. There is no known dispute regarding the validity of the Khul' itself in this state.