The necessity of intention (niyyah) when explicit or implicit phrases are used for Khul'?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If a wife requests Khul' and offers compensation, and the husband responds using either an explicit phrase or an implicit phrase for Khul', the separation takes effect without requiring a specific intention from the husband. This is because the surrounding circumstances—the wife's request for Khul' and the offer of compensation—serve as a clear indication (dalalat al-hal) that directs the meaning towards Khul', thus rendering the specific intention unnecessary.
Supporting text
If there is no clear surrounding indication of context (dalalat al-hal), and the husband uses an explicit phrase for Khul', it takes effect without intention, whether we rule that Khul' is a dissolution (fasakh) or a form of divorce (talaq). However, if an implicit phrase is used without contextual indication, Khul' does not take effect except with a specific intention from the speaker.