What is the ruling if the husband divorces only one of the two wives upon the condition set by the first wife?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If the husband divorces only one of the two wives under the condition that he divorces both, the divorce that occurred is irrevocable (ba'in). The wife who made the offer is obligated to pay the agreed amount corresponding to her share of the divorce. This opinion is attributed to the Qadi and is the school of thought of Al-Shafi'i.
Supporting text
Some followers of Al-Shafi'i state that the wife is obligated to pay the dower ('mahr') of the divorced wife instead of the agreed amount. Furthermore, following the established reasoning within our school regarding a case where a wife demands three divorces for one thousand and the husband grants only one, where no consideration is due because the full request was not met, it suggests that in this scenario, nothing is due from the offering wife. This is because the husband did not fulfill her entire request—her objective might have been the complete separation from both wives—and thus the consideration she offered is not due.