What is the ruling regarding a divorce conditional upon payment when the wife requests it, followed by apostasy?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If a wife requests divorce in exchange for a specified sum (a dinar in the example) and the husband divorces her, followed by her apostasy, the agreed-upon payment becomes due, and the divorce is established as irrevocable (ba'in). This is because the apostasy occurred after the final separation (baynunah). If the husband divorces her after her apostasy but before consummation, the marriage is dissolved by the apostasy, and the divorce pronouncement takes no effect because she was already irrevocably separated. If the divorce occurred after consummation, and the view holds that apostasy immediately dissolves the marriage, then the divorce likewise has no effect. If the view is that the dissolution by apostasy is suspended until the end of the waiting period ('iddah), the divorce pronouncement is considered effective pending that period.
Supporting text
If the wife persists in apostasy until the end of her 'iddah, it is established that she was not his wife at the time of the divorce, and the divorce is void, with no due payment to him. However, if she returns to Islam, it becomes apparent that the divorce coincided with her being his wife, so the divorce takes effect, and she owes him the compensation. If she had nothing in her possession, three dirhams become due.