What are the remedies available to the husband if the consideration given by the wife in exchange for divorce is defective (has an 'ayb)?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The husband has the right to return the consideration if it is defective or to take the compensation for the defect (arsh), as the consideration in khul' is treated like consideration in a sale or dower. If the consideration was a specific item, such as a garment, and the husband discovers a pre-existing defect, he may choose to return it and claim its value, or keep it and claim the arsh. This ruling aligns with the position of Al-Shafi'i, although Al-Shafi'i reportedly did not allow claiming the arsh if the item could be returned. Furthermore, if the item is returned, the husband is entitled to the equivalent of the customary dower (mahr al-mithl).
Supporting text
If the condition for divorce was the giving of a specific item (a garment), and the wife gives him a defective item, the divorce takes place, but the husband has the choice to keep the defective item or return it and claim its value. There is a view that he reverts to claiming the mahr al-mithl.