Which is more severe for the woman: divorce or khul'?
Machine translationRead the Arabic original
The questioner : If the husband fears that he will not be able to divorce if we tell him to divorce, it will be more harmful for the woman than khul'. If he divorces her, she observes the waiting period for three menstrual cycles, but if she seeks khul', she observes the waiting period for one menstrual cycle. I say khul' is the faster option.
The Shaykh : All right, because if he divorces her, he has the right to take her back as long as she is in the waiting period, whether he divorced her because, for example, he wants another woman, or because he cannot stay with this woman; he has the right to take her back. But if she is the one who initiated it herself, she has no right to take him back. Yes.
The questioner : We return to her. To her khul'.
The Shaykh : No, no, she does not return except with a new contract.
The questioner : Hmm?
The Shaykh : It is now clear: if he uses the wording of divorce, it is a divorce.
The Shaykh : All right, because if he divorces her, he has the right to take her back as long as she is in the waiting period, whether he divorced her because, for example, he wants another woman, or because he cannot stay with this woman; he has the right to take her back. But if she is the one who initiated it herself, she has no right to take him back. Yes.
The questioner : We return to her. To her khul'.
The Shaykh : No, no, she does not return except with a new contract.
The questioner : Hmm?
The Shaykh : It is now clear: if he uses the wording of divorce, it is a divorce.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2144 - 4600 أيهما أشد على المرأة الطلاق أم الخلع؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
