Intermediate At-Talaq Surah: Al-Baqarah (229)

Verse: "It is not permissible for you to take back what you have given them unless both fear that they will not be able to keep the limits of Allah. If you fear that they cannot keep the limits of Allah, then there is no blame on either of them regarding what she ransoms herself with." (2:229)

Definition of khul: A separation initiated by the wife in exchange for returning the dowry or paying a ransom — when she cannot bear to remain with her husband.

Condition for khul:

• The wife dislikes her husband despite his proper treatment — the verse stipulates fear of failing to keep Allah bounds.
• If the fault is the husband: he may be compelled to divorce without ransom.

Amount: Majority: must not exceed the dowry she received — some scholars permit more without obligation.

Is khul a divorce or an annulment?

• Majority: an irrevocable divorce.
• Ibn Taymiyyah and Ibn al-Qayyim: an annulment — thus not counted among the three divorces.

Wisdom: Closing the path to remaining in an unbearable relationship — preserving the dignity of both wife and husband.

Source: Al-Mughni (7/319); Al-Qurtubi (3/139); Ibn Taymiyyah, Al-Talaq (p.77); Al-Jassas (1/493)

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