Is khul' considered a divorce?
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Question:
May Allah reward you with good, Shaykh. The questioner asks: Is khul' (divorce at the wife's request for compensation) considered a divorce? There is a disagreement among the scholars on this matter. Some consider it a divorce because it is a type of separation that reduces the number of remaining divorces, while others hold that it is a dissolution (faskh) and not a divorce, so it does not reduce the number of remaining divorces. This is the stronger position.
Answer:
The Shaykh: Because Allah (Glorified and Exalted is He) said[Al-Baqarah 2:229] [Al-Baqarah 2:229], this is the khul', [Al-Baqarah 2:229], then He said (Exalted and Majestic is He) "If he divorces her," meaning the third time, "she is not lawful to him [Al-Baqarah 2:230]." If the khul' were a divorce, it would complete the three, and the divorce mentioned by Allah in His saying "If he divorces her" would become the fourth. This is not acceptable and is not correct. These verses indicate that the khul' is a dissolution (faskh) and not a divorce. This is the argument of Ibn 'Abbas (may Allah be pleased with them both). Yes.
May Allah reward you with good, Shaykh. The questioner asks: Is khul' (divorce at the wife's request for compensation) considered a divorce? There is a disagreement among the scholars on this matter. Some consider it a divorce because it is a type of separation that reduces the number of remaining divorces, while others hold that it is a dissolution (faskh) and not a divorce, so it does not reduce the number of remaining divorces. This is the stronger position.
Answer:
The Shaykh: Because Allah (Glorified and Exalted is He) said
Divorce is twice. Then, either keep [her] in an acceptable manner or
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْwith good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms
بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِThese are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers.
تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَٰئِكَ هُمُ الظَّالِمُونَafterward until [after] she marries a husband other than him
مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ
Source
قناة «العلامة الدكتور صالح الفوزان»، 6293- هل يعتبر الخلع طلاقاً ؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.