What is the ruling on khul' (divorce at the wife's request for compensation), and is it considered a divorce?
Machine translationRead the Arabic original
The questioner : Please. Peace be upon you. And upon you be peace. There is a color on the house. A question from Shaykh Muhammad on the phone. The same applies to strangulation. She says: Regarding khul', Honorable Shaykh, is it one divorce or a final divorce?
The Shaykh : Khul' is a dissolution of the marriage, not a divorce, but there is no taking back except with a new contract. For example, if he divorces his wife by khul' and gives her ten thousand riyals on the condition that she is divorced from him, as long as she is in the waiting period or after the waiting period, she is not lawful for him unless he contracts with her anew. May Allah reward you with good.
The questioner : The second question, sister? That is, it is considered a divorce by the husband. She says: Is it considered a revocable divorce, Shaykh?
The Shaykh : If we consider it a divorce, it is a final divorce, and she is not lawful for him except with a new contract in any case. And if we do not consider it a divorce, as is the second opinion in this issue, then it is not a divorce. Good, may Allah reward you. It is final, she is not lawful for him with a part of it.
The presenter : May Allah reward you with good. Please, Shaykh. And on this occasion. Good, Shaykh.
The Shaykh : I would like to warn those who write khul' documents, from the notary offices and judges and others, to say in the document: Yes. In what they write, that so-and-so has divorced his wife so-and-so by khul' for a compensation of such-and-such, and not to say he divorced his wife so-and-so. Because if they say he divorced her, it is counted as a divorce by many scholars, or most of them. And if they say he divorced her by khul', it is not counted as a divorce against him. So if we assume he had divorced her twice before, and then he divorced her by khul', if these people write "he divorced his wife for a compensation of such-and-such," it means she is not lawful for him except after marrying another husband, though there is disagreement in this issue. And if they say he divorced her by khul', it is not counted as a divorce, so she is lawful for him with a new contract, even if she has not married another. I hope you pay attention to this matter: if the separation is by khul', it is written "he divorced his wife so-and-so by khul' for a compensation of such-and-such."
The Shaykh : Khul' is a dissolution of the marriage, not a divorce, but there is no taking back except with a new contract. For example, if he divorces his wife by khul' and gives her ten thousand riyals on the condition that she is divorced from him, as long as she is in the waiting period or after the waiting period, she is not lawful for him unless he contracts with her anew. May Allah reward you with good.
The questioner : The second question, sister? That is, it is considered a divorce by the husband. She says: Is it considered a revocable divorce, Shaykh?
The Shaykh : If we consider it a divorce, it is a final divorce, and she is not lawful for him except with a new contract in any case. And if we do not consider it a divorce, as is the second opinion in this issue, then it is not a divorce. Good, may Allah reward you. It is final, she is not lawful for him with a part of it.
The presenter : May Allah reward you with good. Please, Shaykh. And on this occasion. Good, Shaykh.
The Shaykh : I would like to warn those who write khul' documents, from the notary offices and judges and others, to say in the document: Yes. In what they write, that so-and-so has divorced his wife so-and-so by khul' for a compensation of such-and-such, and not to say he divorced his wife so-and-so. Because if they say he divorced her, it is counted as a divorce by many scholars, or most of them. And if they say he divorced her by khul', it is not counted as a divorce against him. So if we assume he had divorced her twice before, and then he divorced her by khul', if these people write "he divorced his wife for a compensation of such-and-such," it means she is not lawful for him except after marrying another husband, though there is disagreement in this issue. And if they say he divorced her by khul', it is not counted as a divorce, so she is lawful for him with a new contract, even if she has not married another. I hope you pay attention to this matter: if the separation is by khul', it is written "he divorced his wife so-and-so by khul' for a compensation of such-and-such."
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2096- ما حكم الخلع وهل يعتبر طلاق/سؤال على الهاتف 📞 /ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.