Khul': Is It a Divorce Counted Among the Three?
Machine translationRead the Arabic original
Question:
Muhammad al-'Utaybi from Jubayl says: Does khul' count as one of the three divorces? And is it required that it be done without the wording of divorce and without the intention of divorce?
Answer:
If it is done with the wording of divorce, it is a divorce. But if it is done without the wording of divorce, it is khul'. The scholars have differed on whether it counts as a divorce or is a dissolution of the marriage contract. There are two opinions. The school of thought holds that it is a dissolution and not a divorce; because Allah, Mighty and Majestic, said[Al-Baqarah 2:229], up to His saying, the Exalted: [Al-Baqarah 2:230]. He mentioned that divorce ends with the third divorce, the third divorce, and it becomes a final divorce with a major separation. Meanwhile, He mentioned khul' in the course of that, so He did not count it as a divorce, indicating that it is not a divorce. This is the opinion of Ibn 'Abbas (may Allah be pleased with him and his father). Yes.
The presenter:
May Allah reward you,
Muhammad al-'Utaybi from Jubayl says: Does khul' count as one of the three divorces? And is it required that it be done without the wording of divorce and without the intention of divorce?
Answer:
If it is done with the wording of divorce, it is a divorce. But if it is done without the wording of divorce, it is khul'. The scholars have differed on whether it counts as a divorce or is a dissolution of the marriage contract. There are two opinions. The school of thought holds that it is a dissolution and not a divorce; because Allah, Mighty and Majestic, said
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍAnd if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah. These are the limits of Allah, which He makes clear to a people who know.
فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُThe presenter:
May Allah reward you,
Source
نور على الدرب - الفوزان - 02/275 — archive.org (11:45)
The Arabic text is a machine transcription of the audio recording.