What is the ruling for Khul' involving an exchange where the ignorance of the specific item is significant, such as a beast of burden, cow, or garment?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
When the ignorance in the specified exchange is significant (e.g., a beast of burden or a garment), the ruling is that the divorce is effected when she gives him the item that bears that name. This follows the principle established for the previous categories where the condition is met. The divorce occurs as stipulated if she gives him what matches the designation, and she is not obligated to give anything beyond that, as she did not commit to a specific monetary value like the dowry (*sadaq*). The ruling aligns with the apparent position of Ahmad, treating the unknown exchange as analogous to a bequest (*wasiyya*).
Supporting text
Al-Qadi and his companions among the jurists rule that she must return the dowry she received because she has nullified the marital benefit (*bud'*) without him receiving a defined consideration; therefore, she must pay the value of what she forfeited, which is the dowry. This position is reasoned by the fact that the specific dowry was not contracted, nor was the dowry of likeness (*mahr al-mithl*).