Is pre-emption applicable when divorce is conditioned on the payment of a sum of money for half a property?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the divorce is agreed upon in exchange for a sum of money and half of her house, the transaction is valid, and pre-emption is not due. Abu Yusuf and Muhammad hold that pre-emption is obligatory on the portion corresponding to the money paid because it is consideration in the form of wealth.