What is the ruling if a condition for the husband's right of revocation is stipulated in the Khul' agreement?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If a condition stipulating the husband's right of revocation is included in the Khul' agreement, the condition is void, but the Khul' itself is valid. This is the view of Ibn Hamid and one narration from Malik, as well as the position of Abu Hanifa. They hold that Khul' is not invalidated by a corrupt consideration, so it is not invalidated by a corrupt condition, similar to marriage contracts. Since the wording implies definitive separation, stipulating revocation alongside it renders the condition void, similar to stating three divorces at once. The primary ruling is that the cause for divorce (the specific wording of Khul') has been established, thus the separation occurs, and it cannot be rescinded.
Supporting text
An alternative view holds that the Khul' itself is nullified, and the right of revocation is established. This is the opinion of Al-Shafi'i, as the condition of compensation and the condition of revocation are contradictory. If both are stipulated, both fall away, leaving only the pronouncement of divorce, thus establishing revocation based on the original nature of divorce, not the invalid condition. Furthermore, stipulating a condition contrary to the contract's inherent requirement invalidates the stipulation, similar to stipulating that a purchased item cannot be disposed of. Regarding the financial aspect if the Khul' is upheld despite the void condition, Al-Qadi held that the stipulated compensation ('al-musamma') is void because the husband did not consent to it solely as compensation without the added condition; thus, the deficit must be added, rendering the consideration unknown, which invalidates it, requiring the amount originally contracted for in marriage to be paid. Another possibility is that the stipulated compensation remains due, as both parties agreed upon it as consideration, and nothing else should be substituted, just as if no condition of revocation was present.