What is the ruling if a condition for a period of option (Khiyar) for either the husband or the wife is stipulated in the Khul' agreement?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a condition granting an option period of one day or more to either the husband or the wife is stipulated, and the wife accepts the Khul', the Khul' is valid, but the option condition is void. This is the position held by Abu Hanifa when the option is stipulated for the husband. The rationale is that the cause for the divorce has been realized through the pronouncement, so the separation occurs immediately, similar to an unconditional pronouncement. Once it has occurred, there is no means to revoke it.

Supporting text

If the option is stipulated exclusively for the woman, that option is established for her, and the divorce does not take effect, according to Abu Hanifa.