What are the rules regarding the husband's guarantee (daman) over compensation in Khul' (redemption/divorce for compensation)?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If the compensation (iwad) in Khul' is measured by volume (makil) or weight (mawzun), it does not enter into the husband's guarantee, and the wife cannot dispose of it until she takes possession of it. If the compensation is anything other than measured or weighed items, it enters into the husband's guarantee immediately upon the conclusion of the Khul', and her disposition of it is valid. This principle is exemplified where a wife was given the choice regarding her affairs in exchange for a slave; if the slave perished before she chose her freedom, the Khul' remained valid, and she owed nothing, as the item was a specific object, not measured or weighed, thus falling under the husband's guarantee immediately. If a measured or weighed item perishes before possession, its equivalent must be rendered because it is of fungibles.
Supporting text
An alternative view suggests that even for items that are not measured or weighed, the wife cannot dispose of the compensation until she takes possession, similar to the rules governing compensation in a sale or dower (sadaq).