Does the non-fulfillment of the condition invalidate a triple divorce pronounced with the words "taliq, taliq, taliq" after the husband stipulated to his wife that she not remain in the house, not return to it, and not take the children, and then she agreed and returned to the house after three days? Is this considered Khulʿ? What is the ruling of Islamic law in this case according to the Hanafi school of thought? Is it permissible to follow the fatwas of Ibn Taymiyyah regarding divorce? Is the husband considered sinful?

A divorce that occurs in exchange for the wife waiving her right to housing and the custody of her children is a khul'. Scholars have differed on whether the khul' is valid if the husband stipulates that the wife relinquish custody. The majority of them hold that the khul' is valid, but the condition is void. As for waiving the right to housing, there is a disagreement, because the housing for the 'iddah (definition) period is a right belonging to Allah and does not fall, unless she bears the cost of the housing from her own money. Therefore, the divorce is valid even if the wife returns to the home or does not give up custody of the children.