Is the offering of compensation in Khul' valid for a woman restricted due to foolishness, minority, or insanity (Mahjur 'alayha li-safah, sighar, or junun)?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The offering of compensation in Khul' is invalid for a woman restricted due to foolishness, minority, or insanity because it constitutes a disposition of wealth for which she lacks legal capacity. This invalidity holds whether the guardian permits it or not, as the guardian lacks the authority to permit gratuitous gifts (tabarru'at), and Khul' compensation in this context is considered such. This differs from a female slave (amma), who is considered capable of disposition, permitting transactions like gifts with permission. It also differs from the bankrupt woman, who is deemed capable of disposition.
Supporting text
It is considered that the Khul' might not take effect in this scenario because the acceptance was conditional upon compensation, which was not received, nor can its equivalent be reclaimed. Furthermore, the guardian of such restricted women is not permitted to initiate Khul' using any of her wealth, as their authority extends only to transactions where the woman has a clear benefit (hazz). Khul' involves forfeiting her maintenance, dwelling, and giving away her wealth.