Waiving the khul' payment does not negate the occurrence of the divorce
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Fatwa number ( 112 )
Q: I had a wife, and then I separated from her via khul' in exchange for an agreed-upon amount. However, I waived that amount and did not receive anything from it, as is clear from the copy of the khul' document and my waiver of the amount. Since my ex-wife is my cousin, and since her khul' until now, Allah has not granted her a share (of marriage), and my desire, her desire, and the desire of her family are for her to return to me with a new marriage contract and a new mahr, I ask for your fatwa on this matter. The khul' document stated that the compensation for the khul' would be paid by the wife's brother two years from the date of the khul', unless she marries before that, in which case he would pay it immediately. End of quote.
Following the khul' document, there is an addendum dated 16/3/1390 AH, stating that (A. Y. A.) has waived the compensation for the khul'.
A: First: The khul' issued by (A. Y. A.) to his wife in exchange for compensation is a final divorce, and his subsequent waiver of the compensation does not affect this. Second: It is permissible for (A. Y. A.) to marry his ex-wife with a new contract and a new mahr, with her consent, provided that he had not previously divorced this ex-wife twice before the khul'. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I had a wife, and then I separated from her via khul' in exchange for an agreed-upon amount. However, I waived that amount and did not receive anything from it, as is clear from the copy of the khul' document and my waiver of the amount. Since my ex-wife is my cousin, and since her khul' until now, Allah has not granted her a share (of marriage), and my desire, her desire, and the desire of her family are for her to return to me with a new marriage contract and a new mahr, I ask for your fatwa on this matter. The khul' document stated that the compensation for the khul' would be paid by the wife's brother two years from the date of the khul', unless she marries before that, in which case he would pay it immediately. End of quote.
Following the khul' document, there is an addendum dated 16/3/1390 AH, stating that (A. Y. A.) has waived the compensation for the khul'.
A: First: The khul' issued by (A. Y. A.) to his wife in exchange for compensation is a final divorce, and his subsequent waiver of the compensation does not affect this. Second: It is permissible for (A. Y. A.) to marry his ex-wife with a new contract and a new mahr, with her consent, provided that he had not previously divorced this ex-wife twice before the khul'. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.