If a wife stipulates compensation for divorcing herself and a co-wife ('darra'), and the husband divorces only her, what is the financial consequence?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If a wife says, 'Divorce me and my co-wife for one thousand,' and the husband divorces only her, the divorce takes effect upon her, and she owes a proportional share of the one thousand in compensation. This is because the contract involving one party from the husband's side (the wife seeking divorce) acting upon two stipulations (her own divorce and her co-wife's divorce) is treated as two separate contracts. Thus, one may be validly concluded, obligating compensation, while the other is not.
Supporting text
If the compensation is exclusively from the wife who sought the divorce (and not jointly from both), according to the dominant view of our school, the husband receives nothing. This is because the contract does not multiply based on the multiplication of consideration, unlike a purchase contract where one price is given for two items, which remains a single contract. The distinction lies in the parties involved; when the contracting party on one side consists of two people, it constitutes two distinct contracts.