Is a wife divorced by virtue of a document that includes the condition "My wife is irrevocably divorced by khulʿ" in the event of failure to pay an agreed-upon sum of money within seven days?

If the wife intended to effect a divorce in writing by stating that she is "divorced an irrevocable divorce if she does not return the amount by the specified time," and she did not fulfill the condition, then the divorce occurs. The majority of scholars hold the view that a conditional divorce takes effect upon the occurrence of the condition. If the wife intended this, then her divorce is an irrevocable (Bain) divorce according to many scholars, while others consider it a single divorce. Sheikh Al-Islam, however, views it as an oath requiring an expiation for an oath (kaffarat yamin) if she intended it for the purpose of urging or preventing, as is the case with oaths.

If she described the divorce as absolute and irrevocable, this makes it a major irrevocable divorce (Talaq Bainunah Kubra). In this case, if consummation had occurred, the divorced woman is not permissible for her husband except after marrying another husband. It is advisable to consult a Sharia court or knowledgeable scholars to clarify the circumstances.