Is Khul' valid when stipulated without any compensation?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
There is a difference of opinion regarding the validity of Khul' without compensation. One narration attributes to Ahmad ibn Hanbal that if a wife asks for Khul' while pregnant, and the husband says, 'I have divorced you,' she is divorced, and he may remarry her upon a new contract, retaining her as two divorces. This implies that Khul' without compensation is valid. This view is supported by Malik, as Khul' severs the marriage bond, thus being valid without compensation, similar to a standard divorce (talaq). The underlying rationale is that Khul' is established because the wife desires separation, and when the husband agrees, the purpose of Khul' is achieved.
Supporting text
The second narration states that Khul' is not valid except with compensation. If the husband says, 'Divorce yourself,' and she replies, 'I have divorced myself,' it is not considered Khul' unless compensation is mentioned, unless he intended divorce, in which case it counts as what he intended. According to this view, if the pronouncement is made without compensation and divorce was not intended, nothing occurs. This is the position of Abu Hanifa and Al-Shafi'i, who argue that if Khul' is a dissolution (faskh), the husband cannot dissolve the marriage except for a defect in the wife, and if it is treated as divorce (talaq), it is not explicit and requires intention, which the exchange of compensation substitutes for.