Does a wife who stipulates consideration for *khul'* secure that consideration if the husband pronounces divorce instead of *khul'*?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a wife requests *khul'* for a thousand and the husband replies, 'You are divorced,' the consideration is due if *khul'* is ruled to be an irrevocable divorce (*bainunah*), because the husband agreed to the condition which included the exchange. If *khul'* is ruled to be a dissolution (*faskh*), the consideration is likely still due because the divorce fulfills her core demand—her separation—while also potentially reducing the remaining count of revocable divorces. This situation is analogous to her asking for one divorce for a thousand, and he pronounces three.

Supporting text

If the husband pronounces three divorces when only one was requested for consideration, it is plausible that he owes nothing, as he did not fulfill the dissolution she sought, but rather pronounced a divorce for which she offered no consideration. Following this, the divorce pronounced might be considered revocable (*raj'i*) as it was initiated without an agreed-upon consideration, resembling an original, unconditioned divorce. Conversely, it might not take effect because it was issued conditional upon consideration, and the condition failed, similar to the ruling for 'If you give me a thousand, you are divorced.'