What is the ruling on *khul'* (redemption/divorce in exchange for compensation) if the exchange is stipulated as a *marwiy* fabric, but a *harwiy* fabric is given?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If the wife redeems herself for a *marwiy* fabric and gives a *harwiy*, the *khul'* is effective, and the husband is entitled to claim the agreed-upon *marwiy* from her.
Supporting text
If the *khul'* was stipulated on a specific item, which then turned out to be a *harwiy* instead of the expected *marwiy*, the *khul'* is valid because the essence (genus) is the same, and the difference is merely a defect in attribute. The husband has the option to keep the item as is without further claim, or to return it and claim its value as if it were *marwiy*. This option to return is based on the difference in attribute being analogous to a defect in the exchanged item. However, it is also held that he is not entitled to anything other than what was received because the exchange was for the specific item itself, which he took.