What is the ruling when a wife stipulates a price contingent upon divorce after a specific period?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If a wife says, 'Divorce me for a thousand upon the arrival of the month,' or gives him a thousand on the condition that he divorces her after a month, and he says, 'When the beginning of the month arrives, you are divorced,' the condition is valid. He is entitled to the compensation, and the divorce takes effect at the beginning of the month as an irrevocable divorce (ba'ina) because it was based on consideration. If he divorces her before the month arrives, the divorce occurs, but he is not entitled to the compensation. This view is attributed to Abu Bakr and narrated from Ahmad via Ali ibn Sa'eed, based on the reasoning that divorcing her early means he chose to implement the divorce without receiving the compensation.
Supporting text
The view of Al-Shafi'i states that if he takes a thousand conditional upon divorce after a month, and then divorces her for the thousand, she is divorced, but she is entitled to the *mahr al-mithl* (dower of the like). This is because treating this as a loan for divorce is invalid since divorce cannot be established as a debt on the husband's responsibility, nor is it permissible to stipulate delaying the fulfillment of a condition attached to a specific item (the dower).