Is Khul' (redemption from marriage) valid merely upon the exchange of money and its acceptance without the husband's explicit pronouncement?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The dissolution of marriage through Khul' is not effected solely by the wife offering money and the husband accepting it; the husband's explicit verbal declaration is a prerequisite. This view is upheld by the scholars of Baghdad, which is alluded to by Ahmad. The reasoning is that Khul' is one type of dissolution, which requires utterance, similar to initiating a marriage or pronouncing a divorce. Furthermore, it constitutes a transaction concerning the private parts (*bid'ah*) for compensation, requiring formulation like marriage or divorce. The acceptance of money is merely taking possession of the consideration and cannot substitute for the required offer (*ijab*), analogous to taking one consideration in a sale contract. If Khul' is considered a divorce, it cannot occur without an explicit or implicit statement. If it is considered a dissolution, it is one side of the marriage contract and thus requires verbalization, like the contract's inception. The report concerning Jamilah where the Prophet (peace be upon him) separated them after she returned her garden, must be understood in light of the authenticated narration by Al-Bukhari: 'Accept the garden, and divorce her with one pronouncement,' which explicitly mandates the verbal pronouncement.
Supporting text
Abu Hafs Al-'Ukbarī and Ibn Shihāb held that the separation occurs simply by the husband's acceptance of the compensation. Ibn Shihāb elaborated that the 'redeeming' (*muftadiyah*) form involves the wife stating, 'Neither I nor you, nor will I swear to fulfill a promise for you, and I redeem myself from you.' If the husband accepts this redemption and takes the money, the marriage is dissolved. This position is supported by the narration attributed to Isḥāq ibn Manṣūr quoting Ahmad: 'When he takes the money, it is a separation,' and by Ibrāhīm an-Nakh'ī, who considered the acceptance of money as a final, irrevocable divorce (*talaqah bā'inah*). Similar opinions are narrated from Al-Hasan and 'Ali (may Allah be pleased with them) concerning taking money for separation, resulting in an irrevocable divorce.