What is the ruling if a husband says, 'She is divorced if you absolve me from her dower,' and the wife says, 'I have absolved you'?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 2 · Bab 1

Open in Qurani

Primary text

The divorce does not occur because the wife cannot absolve the husband of a debt owed to herself (implying the dower is her right).

Supporting text

A narration from Imam Ahmad suggests the divorce occurs. This implies that the divorce takes effect if the husband intended to suspend the divorce upon the mere utterance of absolution, regardless of the actual validity of the absolution.