What is the ruling if a husband initiates a divorce statement (which is also a form of Khul') with a woman under restriction (not due to bankruptcy)?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the Khul' is effected using wording that constitutes a divorce, it is an irrevocable divorce (talaq raj'i), and the husband is not entitled to compensation. If the wording used is not one that results in a divorce, the situation is treated as a Khul' without compensation.

Supporting text

A potential view suggests the Khul' does not occur in this case because the husband only agreed to it for compensation, which was not realized, nor can its substitute be claimed back.