What is the ruling when a terminally ill wife seeks Khul' by offering an amount equal to or less than her potential inheritance from the husband?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If the sick wife seeks Khul' by offering an amount equal to or less than her potential inheritance from her husband, the Khul' is valid, and there is no right for the heirs to reclaim any portion. If she offers an excess amount, that excess is nullified. This is the opinion of Al-Thawri and Ishaq. The rationale is that there is no suspicion of malfeasance since she would inherit that amount if she had not sought Khul'. If she recovers from that illness, the Khul' is valid, and the husband retains all that was given, as the Khul' is then treated as if it occurred during health.
Supporting text
Abu Hanifa holds that the husband is entitled to the entire consideration given, and if the wife favored him (offered more than her due share), the excess comes from the one-third of her estate applicable to bequests, as he is not an heir to her. Malik's view aligns with both opinions. Al-Shafi'i states that if she offers the *mahr al-mithl* (dower of a similar woman), it is permissible, and any excess must come from the one-third of her estate.