The Ruling on Khul' (Divorce at the Wife's Request for Compensation) Occurring with the Wording of Talaq (Divorce)

Question : If khul' occurs with the wording of talaq, is it a faskh (annulment) or is it a talaq?

Answer : If we say it is a talaq, it counts as one of the talaqs. If we say it is a faskh, that is not appropriate. For example, a woman asks her husband to divorce her for compensation, let us say one thousand riyals. He divorces her for the compensation of one thousand riyals, and he had previously divorced her twice. If we say it is a talaq, she does not become lawful for him again except after another husband. If we say it is a faskh, she becomes lawful for him with a new contract.
The stronger position is that it is a faskh of khul', and this is the choice of Shaykh al-Islam (may Allah have mercy on him). Ibn 'Abbas (may Allah be pleased with them both) said: Whenever there is compensation, it is not a talaq.
As for his statement in the hadith of Ibn Qays , this word "he divorced her" is a talaq that is not valid. If it is not valid, then based on the original ruling, this is a separation for compensation, so it is a fidyah (ransom payment) as Allah the Exalted named it . So what is khul'?
The separation of the wife for compensation, whether it is a separation by faskh, or a fidyah, or a separation, or a talaq according to the stronger position.