Is a woman required to return everything her husband spent, including the price of the abaya, in the case of khul'?
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Question:
He says: Honorable Shaykh, may Allah grant you success, is a woman required in khul' to return everything her husband spent, such as the rent for the wedding hall, the price of the abaya bought for her, the wedding feast, and the like?
Answer:
Khul' is based on what the husband accepts, but it is recommended, it is recommended, that he not take more than what he gave her, and if he takes more, there is no harm; it is permissible for him to do so. Allah the Exalted said:[Al-Baqarah 2:229], "in what you ransom yourselves with," and no specific amount was determined, no specific amount was determined. If she is the one who does not want her husband, she buys herself free from him, ransoming herself with whatever he asks of her, but it is recommended for him not to take more than what he gave her. This is if she is the one who does not want him. As for if he is the one who does not want her, it is not permissible for him to take anything from her, ever, because the mahr has become her right and she wants him, but he is the one who does not want her. He divorces her without taking anything. Allah the Exalted said: "Do not prevent them" [An-Nisa 4:19]. Yes.
He says: Honorable Shaykh, may Allah grant you success, is a woman required in khul' to return everything her husband spent, such as the rent for the wedding hall, the price of the abaya bought for her, the wedding feast, and the like?
Answer:
Khul' is based on what the husband accepts, but it is recommended, it is recommended, that he not take more than what he gave her, and if he takes more, there is no harm; it is permissible for him to do so. Allah the Exalted said:
there is no blame upon either of them concerning that by which she ransoms herself
فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِin order to take [back] part of what you gave them unless they commit a clear immorality
لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ
Source
قناة «العلامة الدكتور صالح الفوزان»، [2835- 4717] هل تلزم المرأة عند الخلع أن ترد كل ما أنفقه الزوج حتى ثمن العباءة؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
