Is Khul' valid if contracted for the fetus in a female slave, or the produce of her livestock or palm trees?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The *Khul'* is valid if contracted for the fetus of her female slave, or the yield of her livestock or palm trees, or what is in their wombs or udders. The evidence is that the fetus (*haml*) is equivalent to what is in the womb, thus validating the contract, similar to a bequest.
Supporting text
A narration from Abu Hanifa states that divorce is valid for what is in her womb but invalid for the fetus itself. If the child is born sound, or if there is milk in the udders, it belongs to him. If nothing emerges, Al-Qadi, Malik, and the People of Opinion state he receives nothing. Ibn Aqil states she owes him the dowry of likeness, and Abu Al-Khattab states he receives the named amount.