What is the ruling on a wife giving her husband authority over her divorce choice in exchange for property?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If a wife states to her husband, 'Place my affair in my hand (grant me the choice of divorce), and I will give you this slave,' and the husband accepts the slave and grants her the choice, the ruling is that the husband owns the slave immediately. The husband retains the right to revoke this grant of choice as long as he has not consummated the marriage (or annulled the situation, which is implicit in revocation). The wife retains the right to utilize her granted choice until the husband revokes the option or until she declares her choice. If the husband revokes the choice, he must return the consideration (the slave) to her, as he has taken back what he granted her, thus she must take back what she gave him.
Supporting text
If the husband stated, 'When the beginning of the month arrives, your affair will be in your hand,' he retains the right to nullify this arrangement. This is analogous to agency (Wakala); if the arrangement is revocable without the condition, it is more certainly revocable when it is conditioned.