The Ruling on Khul' in Divorce and Its Related Rulings
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The questioner : May Allah reward you with good. Our Shaykh. The issue of khul'. What is your position on it?
The Shaykh : Khul', what?
The questioner : Khul' in divorce, meaning between the man and the woman, and the man. Here.
The Shaykh : ...the deception.
The questioner : Khul', the khul'.
The Shaykh : Yes, indeed.
The questioner : Meaning, other than.
The Shaykh : From which perspective, meaning is it considered a divorce or not?
The questioner : Yes, is it one divorce or do you not consider it a divorce? Okay, first, what are the rulings that follow from it?
The Shaykh : Africa.
The questioner : And if he wants to return to her. Yes.
The Shaykh : In the sense that I am going to tell you. In the sense that a man has khul' with his wife. And there were two divorces between him and her. So whoever considers that khul' is a divorce, she does not become lawful to him again until she marries another husband. And whoever considers that khul' is not a divorce, as is the stronger opinion which I adopt, he remains with two divorces. But here, separation occurs. So if they separate and then agree that she returns to him, she returns to him and it is not counted as a divorce for him.
The questioner : They cite the hadith: "I returned to her what I had given her, and she returned to me what I had given her, and that is one divorce." As he said, how is the answer to this?
The Shaykh : The answer is that we look at the original story. The original story is established
The Shaykh : Khul', what?
The questioner : Khul' in divorce, meaning between the man and the woman, and the man. Here.
The Shaykh : ...the deception.
The questioner : Khul', the khul'.
The Shaykh : Yes, indeed.
The questioner : Meaning, other than.
The Shaykh : From which perspective, meaning is it considered a divorce or not?
The questioner : Yes, is it one divorce or do you not consider it a divorce? Okay, first, what are the rulings that follow from it?
The Shaykh : Africa.
The questioner : And if he wants to return to her. Yes.
The Shaykh : In the sense that I am going to tell you. In the sense that a man has khul' with his wife. And there were two divorces between him and her. So whoever considers that khul' is a divorce, she does not become lawful to him again until she marries another husband. And whoever considers that khul' is not a divorce, as is the stronger opinion which I adopt, he remains with two divorces. But here, separation occurs. So if they separate and then agree that she returns to him, she returns to him and it is not counted as a divorce for him.
The questioner : They cite the hadith: "I returned to her what I had given her, and she returned to me what I had given her, and that is one divorce." As he said, how is the answer to this?
The Shaykh : The answer is that we look at the original story. The original story is established
Source
سلسلة الهدى والنور، المجلس 1100 — d3watuna.com (51:30)
The Arabic text is a machine transcription of the audio recording.