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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on a woman who contacted one of her neighbors and told him to inform her husband that she wants a khul' (divorce at the wife's request for compensation)? So this man contacted her husband and informed him of that, and the husband said:

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Al-Halabi: Our Shaykh, yesterday.

The Shaykh: Yes.
Al-Halabi: Our brother Muhammad al-Jibali contacted us.

The Shaykh: Where is he?
Al-Halabi: From America.

The Shaykh: America, yes.
Al-Halabi: And he sends his greetings to you.

The Shaykh: May Allah deliver him from it.
Al-Halabi: It is Allah.

The Shaykh: And may He deliver all the Muslims.
Al-Halabi: It is Allah, it is imminent, if Allah wills, in his intention. We ask Allah to help him.

The Shaykh: Amen.
Al-Halabi: So here, in reality, among the calamities and trials that Muslims are afflicted with, let alone the absence of scholars who understand the religion as they wish.

The Shaykh: Yes.
Al-Halabi: So a woman contacted him, asking him, saying to him: I contacted one of the neighbors and told him to inform my husband that I want a khul' (divorce at the wife's request for compensation). In fact, they were in a state of near separation, meaning, or for example, they were angry with each other, or something like that. He said: So this man contacted her husband and said to him: Your wife is telling you that she wants a khul' (divorce at the wife's request for compensation). He said: It's done, meaning it's simple, no problem, consider her status, for example, he did not say consider her status as divorced or something like that. He said: It will be good. He said: If Allah wills, it will be like this. Meaning, he gave him a flexible word, wanting to soften the atmosphere, and at the same time, he did not explicitly state the khul' (divorce at the wife's request for compensation), okay? So a month has passed since then. Now they are asking whether this is a khul' (divorce at the wife's request for compensation) or not, and what should they do? They want to return to each other, meaning?

The Shaykh: It is difficult to rule as long as the exact wording of the phrase is not known.
Al-Halabi: So let us assume he agreed with his statement that your wife wants to divorce you from you. He said to him: Yes, or I agree, for example.
The student: It is in it, if Allah wills, it is in it.
Al-Halabi: Let us, meaning, set aside this word. Let us say, for example, that he said to him: Yes, I will divorce her, or he said to him: Yes, without the word "I will divorce her." Does this affect the ruling, our Shaykh?

The Shaykh: In the name of Allah, okay, but Mr. Professor, as long as the case has actually occurred.
Al-Halabi: Yes.

The Shaykh: What is the benefit of answering a hypothetical case when the actual case may contradict the hypothetical one?
Al-Halabi: My Shaykh, it does not contradict what happened, but we are not now certain of the man's answer to the other man on the phone that he said to her: Yes, and did not divorce her. This is what, meaning, ninety percent, I am sure of it. He said to him: Yes, it will be good, or something like that. Meaning, he gave him hope and did not explicitly pronounce the khul' (divorce at the wife's request for compensation).

The Shaykh: The word "Yes, it will be good" means a matter is still pending.
Al-Halabi: Yes.

The Shaykh: It is not finalized.
Al-Halabi: Okay, if that is the case.

The Shaykh: Okay, we return to the hypothetical case.
Al-Halabi: The issue is two hypothetical cases.

The Shaykh: If that is the case, it means there is no khul' (divorce at the wife's request for compensation).
Al-Halabi: No khul' (divorce at the wife's request for compensation) took place. Okay, and if, meaning, he said to him: Yes, I will divorce her, is this considered a khul' (divorce at the wife's request for compensation), even if it was via phone, for example, or he did not see her or anything?

The Shaykh: If the intermediary man is trustworthy.
Al-Halabi: Yes.

The Shaykh: It is considered a khul' (divorce at the wife's request for compensation).
Source www.al-albany.com

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

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