Is divorce in exchange for relinquishing part of the dower, which is mentioned in the hadith: "Accept the garden and divorce her with one pronouncement," counted as one of the three pronouncements, or does the verse of ransom mean that it is not counted among the pronouncements?
One must submit to every sound text from the Quran and , and it is forbidden to practice (independent reasoning) when there is a clear and sound text. Scholars have differed on whether khul' (divorce at the wife's instance, often for compensation) in exchange for relinquishing part of the dowry is a nullification () or a divorce (). Some scholars cited the narration of the : "Accept the garden and divorce her once" as evidence that it is a talaq, while others considered this narration to be unauthentic (mursal). However, if the aforementioned narration is authentic, then it must be adopted. The disagreement regarding khul' is ancient; Ibn Abbas did not consider khul' to be a talaq, and this is also a narration from Al-Shafi'i and was chosen by Sheikh al-Islam Ibn Taymiyyah. Sheikh Ibn Uthaymeen held that if khul' occurs with the wording of talaq, then it is a talaq, but if it occurs with the wording of khul' or faskh, then it is a faskh, and this is closer to correctness. Ibn Abbas used the verse {Divorce is twice... And if he divorces her [for the third time], then she is not lawful to him afterward} as evidence that khul' is a nullification and not a divorce, because Allah mentioned divorce twice, then khul', then the third divorce. Sheikh Al-Shinqiti weakened this inference due to the existence of a marfu' hadith (a narration directly attributed to the Prophet) stating that the third divorce is what is mentioned in His saying: {or release with kindness}.
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