What is the ruling when a wife offers a price for divorce at any time within a stipulated period?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If a wife states, 'You have a thousand if you divorce me whenever you wish, from now until the end of the month,' this is valid based on the analogy (qiyas) to the previous issue. The validity stems from treating it as a valid consideration for divorce. Furthermore, the uncertainty regarding the exact time of divorce does not harm the contract, as divorce can validly be suspended on a condition, thus allowing the offer of consideration even if the time is uncertain, similar to *ja'alah* (a form of specification/stipulation). This uncertainty is less severe than when one says, 'If you give me a thousand, you are divorced,' where the time frame covers one's entire life, whereas here it is limited to one month.
Supporting text
Al-Qadi holds that this agreement is invalid because the time of divorce is unknown, and if he divorces her, she is entitled to *mahr al-mithl*. This aligns with the view of Al-Shafi'i, as the divorce was conditioned upon invalid consideration. However, stating that he should receive *mahr al-mithl* contradicts the analogy within the school's principles, as in other instances where compensation is voided, the specified compensation (*al-musamma*) is due.