What is the ruling when a husband tells his wife, 'You are divorced with one thousand if you will'?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The divorce does not take effect until the wife expresses her will (*mashi'a*). Once she wills it, the irrevocable divorce (*bain*) occurs, and she becomes entitled to the one thousand. This ruling applies whether she explicitly asked for the divorce in exchange for the thousand, or if the husband offered it preemptively. The condition is tied to her expression of will, which must be communicated through speech, as internal will is not recognized except through outward declaration. The effect is delayed, meaning the divorce occurs whenever she expresses her will. This position is explicitly held by Ahmad. The school of Shafi'i agrees, differing only in that they mandate the will must be expressed immediately (*ala al-fawr*).
Supporting text
The ruling for the expression of will is considered to be one of deferral (*ala al-tarrakhi*) by Ahmad, inferred from his ruling on entrusting the divorce matters to her hand in exchange for a guarantee of a thousand, which is also on deferral. The Shafi'i school holds this to be immediate based on prior stated positions.