What is the ruling when one wife is legally competent (rashidah) and the other is legally restricted due to foolishness (mahjura 'alayha li-sufh), and both affirm their will?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If both affirm their will, the divorce occurs for both. The competent wife is liable for her proportion of the compensation, and her divorce is irrevocable (ba'in). The restricted wife's divorce is revocable (raj'i), and no compensation is due from her, because although she possesses the capacity for will ('mashi'ah'), her legal capacity for contractual obligations is restricted, although her will regarding marriage and consumption is considered valid.
Supporting text
The same ruling applies if the restricted wife is merely non-discerning minor (mumayyizah), as she possesses a valid will; this is analogous to the choice given to a seven-year-old boy between his parents upon reaching that age. If one wife is insane or a non-discerning child, her affirmation of will is invalid, and no divorce occurs.