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Is Khul' valid if the husband says to his wife: "Because you asked me for it, I grant you Khul'," with the husband asking the wife to pay $40 to a mosque due to her financial inability, and can the couple reconcile after this Khul', and what is the ruling on the husband's intention in Khul'? And what is the ruling on a man divorcing his wife a day or two after intercourse?

1 min readAlso available in العربية

Firstly, Khul’ (divorce at the instance of the wife) is the separation of the wife in return for compensation that the husband receives. It requires offer and acceptance between the spouses. What occurred between you is a valid Khul’, whether the money was paid or remained a debt.

Secondly, regarding the husband authorizing his wife to donate the Khul’ compensation before he receives it, there is a difference of opinion. The more correct view is the validity of his authorization for you to pay the amount to the entity he specified, and there is no fault upon you.

Thirdly, Khul’ results in a minor irrevocable divorce (baynunah sughra). The husband does not have the right to take his wife back except with a new contract.

Fourthly, a husband divorcing his wife during a period of purity in which he had intercourse with her is an innovated divorce (talaq bid’i). It is considered invalid by some jurists but valid by most of them.

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Source platform
Ftawy
Original fatwa ID
7471
Imported
Translation status
Source text, unreviewed
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