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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A woman divorced her husband through khul' due to the husband's oppression; is this khul' valid?

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Question : He says: A woman divorced her husband. Her husband? She divorced her husband through khul' due to the husband's oppression. Is this khul' valid? And is this money lawful for her husband? What should be done regarding their case?

Answer : It has been stated previously that if he forced her or oppressed her without a legitimate religious reason, the khul' is not valid. But if it was in the wording of divorce or with the intention of divorce, it counts as a divorce. Do you understand?
This is what was passed over in the lesson. She is not divorced; she becomes divorced if the divorce was revocable, then it is revocable, and if it was irrevocable, then it is irrevocable. This khul' is as if it did not occur. So if it was in the wording of khul' and she intended divorce, and she intended a divorce, then it is a divorce: a revocable or irrevocable divorce depending on the situation. But if it occurred in the wording of khul' and she did not intend divorce, then nothing results from it at all. Do you understand or not? Okay, do you understand? Good. If you didn't understand: if it is in the wording of divorce, it is a divorce. If it is in the wording of khul' and she intended divorce by it, it is a divorce. If it is in the wording of khul' and she intended annulment by it, it is nothing.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 127 - 332 امرأة خلعت زوجها بتضييق من الزوج هل يصح هذا الخلع؟ الفتاوى الثلاثية - ابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

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