What is the ruling if the husband authorizes an agent to perform Khul' for a specified compensation, and the agent accepts less compensation?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the agent performs Khul' for the specified amount or more, the Khul' is valid and the specified amount is obligatory. If the agent accepts less compensation, there are two views. The primary view, favored here, holds that the Khul' is invalid because the agent violated the mandate, similar to an agent authorized to perform Khul' for one woman performing it for another. The second view holds that the Khul' is valid, and the agent must compensate the husband for the difference.

Supporting text

The second view, held by Abu Bakr, argues that a difference in the amount of compensation does not invalidate the Khul', similar to the situation where authorization is unrestricted.