What is the ruling if the agent concludes Khul' using something that is not legally considered property, such as wine or swine?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If the agent concludes Khul' using something not considered wealth, such as wine or swine, the Khul' is invalid and no divorce takes place. This is because the agent was only authorized for Khul', which is the dissolution of marriage with compensation. What the agent performed is a divorce without authorization. This ruling applies whether the compensation was specified or unrestricted.
Supporting text
In Al-Jami', it is mentioned that the Khul' is valid, and the agent is liable to the husband for the specified compensation, with no liability upon the wife, provided that the view allowing Khul' without compensation is adopted. If it is held that Khul' without compensation is invalid, then it is only valid if conducted using the wording of divorce, resulting in a revocable divorce (talqah raj'iyyah).