Ruling on taking an increase over the bridal gift in the case of khul'

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Question:
After that, we move on to the message from the questioner Muhammad Muhmmadi Jamil, a resident of the Prophet's City. He says in this question: Is it permissible to take an increase in khul' over what was given to her as the bridal gift, and what is the evidence for what you are answering? May Allah reward you with good.

Answer:
It is better not to take an increase; this is the best. Because the Messenger of Allah (peace and blessings be upon him) said to the wife of Thabit ibn Qays:

Will you give him the garden?

تدفعين له الحديقة؟

—which he had given her as her bridal gift— she said: Yes. He said:

Accept your garden, and divorce her once.

اقبل الحديقة، وطلقها تطليقة

Sahih al-Bukhari 5273

And it came in some narrations:

And do not take more

ولا تزدد

But there is a concern regarding its chain of narration. And some of the scholars said: It is permissible to take an increase; due to the generality of His saying:

there is no blame upon either of them concerning that by which she ransoms herself

فَلا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ

[al-Baqarah:229] He negated the blame in what she ransomed herself with, which encompasses her bridal gift, and encompasses what was more than that. But the best for him, and the most cautious, is not to take except what was paid to her, or less. This is the most cautious and the best, in order to avoid the disagreement. Yes.

The presenter: May Allah reward you with good.

Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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