What is the ruling when a father tells his son-in-law, 'Divorce my daughter, and you are absolved from her dower,' and the husband divorces her?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The divorce takes place as revocable (raj'i). The husband is not absolved from anything, nor can he seek recourse against the father, nor is the father liable to him. This is because the father purported to release the husband from something over which he had no authority to grant absolution, making the situation akin to a third party's action.
Supporting text
Imam Ahmad held that the husband may seek recourse against the father. This view is interpreted to apply when the husband was unaware that the father's absolution was invalid. In this case, the husband has recourse because he was deceived (ghurur). If the husband knew the father's absolution was invalid, he has no recourse. Furthermore, in the scenario where the husband has recourse, the divorce is considered irrevocable (ba'in) because it was done in exchange for compensation (the implicit guarantee).