What is the ruling if non-Muslims contract *khul'* for a forbidden consideration (like wine or pig) and then embrace Islam?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If the consideration involved in the *khul'* was forbidden, such as wine or pork, and the husband took possession of it before they embraced Islam, and they subsequently both become Muslim or one embraces Islam, the exchange is enforced upon them. The husband does not receive compensation, and the item is not returned, just as if he had previously settled the *mahr* with wine, or they had traded or taken possession of wine before embracing Islam. If their Islam or presentation of the case to the judge occurred before taking possession of the forbidden consideration, the judge does not enforce the exchange, nor does he order its delivery, because wine and pork cannot serve as valid consideration for or from a Muslim.
Supporting text
Al-Qadi, in *Al-Jami'*, states that the husband receives nothing because he consented to receive something that is not considered property, similar to Muslims who conclude *khul'* for wine. Al-Mujarrad states that the *mahr al-mithl* becomes obligatory because the consideration is invalid, returning the ruling to the value of the destroyed item, which is the *mahr al-mithl*. The difference in ruling between the case where possession occurred before conversion and after conversion is based on the premise that the non-Muslim considers the forbidden item as property, and thus did not consent to a divorce without consideration, unlike a Muslim who does not consider it property and thus accepted the divorce without consideration. If it is established that compensation is due, Al-Qadi states it is the *mahr al-mithl*, similar to marrying a woman upon the condition of wine, after which both convert. If possession was taken of only a portion of the consideration, what was received is forfeited, and for what was not received, the three aforementioned rulings apply. The basis for this is the verse: "And abandon what remains of usury, if you should be believers" (Quran 2:278).