What is the ruling regarding a woman possessing only one divorce remaining, who offers compensation (one thousand) conditioned on the husband divorcing her once, and then marrying her again and divorcing her twice?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
According to the reasoning derived from Ahmad's position, if the husband divorces her only once, she is entitled to the compensation. If she subsequently marries him again but he does not divorce her, the compensation must be returned to her. This is because she offered the compensation in exchange for three divorces, and if the three divorces are not executed, the compensation is not earned. This mirrors the case where a woman with three divorces remaining demands three divorces for compensation, but only receives one. Consequently, if the second marriage leading to two divorces does not occur, she must be returned the entire compensation. However, if she enters a second marriage and he divorces her twice, she forfeits the right to any compensation.
Supporting text
The correct view within the school holds that the agreement concerning the last two divorces is invalid because it constitutes a loan or advance payment (salaf) on divorce, which is impermissible. Furthermore, it is a contract involving compensation for divorce prior to marriage, which is invalid; thus, contracting for it is also invalid. If this contract is deemed separable, he is entitled to one-third of the thousand. If it is deemed indivisible, the entire compensation is voided, and the amount specified in the marriage contract must be returned.