Is a new contract necessary if khul' occurs between the spouses and they then wish to reconcile?
Machine translationRead the Arabic original
Al-Halabi: All right, now let us consider it as khul' where they want to reconcile, for him to return to her. Is there a new contract, or is it just a divorce?
The Shaykh : This varies.
Al-Halabi: Yes.
The Shaykh: It depends on the ruling regarding khul'.
Al-Halabi: Yes, that is fine as a general principle.
The Shaykh: Yes, most of the scholars consider khul' to be a divorce.
Al-Halabi: Yes.
The Shaykh: And a revocable divorce.
Al-Halabi: Yes.
The Shaykh: And in that case, the rulings of a revocable divorce apply to it.
Al-Halabi: Yes.
The Shaykh: And some of them hold that it is not a divorce.
Al-Halabi: Yes.
The Shaykh: But rather a separation.
Al-Halabi: Yes.
The Shaykh: And in that case, if they agree to reconcile, there is no need for a contract because it is not a divorce.
Al-Halabi: And what is your preferred position, O our Shaykh?
The Shaykh: I said it.
Al-Halabi : That is it.
The Shaykh : Yes.
Al-Halabi: That it is not a divorce.
The Shaykh: It is not a divorce.
Al-Halabi: It is not a divorce.
The Shaykh: Yes.
Al-Halabi: O our Shaykh, but she paid him the money a second time, meaning he did not pay her, was it not her khul' in order for her to pay him the money?
The Shaykh: Did he mention that he paid the money?
Al-Halabi: Khul', you say this is one of its forms, yes, O our Shaykh.
The Shaykh: Did you mention it?
The questioner: No, no, I did not mention that.
The Shaykh: Then this is a question from you.
Al-Halabi: My question is invalid.
The Shaykh: Ask what you have, especially since you were not clear about whether we need to renew it.
The questioner : May Allah reward you with good.
The Shaykh: Tell me, what is your scenario?
The questioner: I say, if she paid him the money in exchange for him to divorce her via khul', and he wants to take her back, what then?
The Shaykh: According to what they agree upon, what is this?
The student: They pass by.
The Shaykh: Keep it here, may Allah reward you with good.
The student: This is fresh fruit, not dates.
The Shaykh: Fresh fruit, according to what they agree upon. It is not necessary that he return to her what he took from her; he may return to her a portion of it, but only by mutual agreement between them.
The questioner : May Allah reward you with good.
The Shaykh : This varies.
Al-Halabi: Yes.
The Shaykh: It depends on the ruling regarding khul'.
Al-Halabi: Yes, that is fine as a general principle.
The Shaykh: Yes, most of the scholars consider khul' to be a divorce.
Al-Halabi: Yes.
The Shaykh: And a revocable divorce.
Al-Halabi: Yes.
The Shaykh: And in that case, the rulings of a revocable divorce apply to it.
Al-Halabi: Yes.
The Shaykh: And some of them hold that it is not a divorce.
Al-Halabi: Yes.
The Shaykh: But rather a separation.
Al-Halabi: Yes.
The Shaykh: And in that case, if they agree to reconcile, there is no need for a contract because it is not a divorce.
Al-Halabi: And what is your preferred position, O our Shaykh?
The Shaykh: I said it.
Al-Halabi : That is it.
The Shaykh : Yes.
Al-Halabi: That it is not a divorce.
The Shaykh: It is not a divorce.
Al-Halabi: It is not a divorce.
The Shaykh: Yes.
Al-Halabi: O our Shaykh, but she paid him the money a second time, meaning he did not pay her, was it not her khul' in order for her to pay him the money?
The Shaykh: Did he mention that he paid the money?
Al-Halabi: Khul', you say this is one of its forms, yes, O our Shaykh.
The Shaykh: Did you mention it?
The questioner: No, no, I did not mention that.
The Shaykh: Then this is a question from you.
Al-Halabi: My question is invalid.
The Shaykh: Ask what you have, especially since you were not clear about whether we need to renew it.
The questioner : May Allah reward you with good.
The Shaykh: Tell me, what is your scenario?
The questioner: I say, if she paid him the money in exchange for him to divorce her via khul', and he wants to take her back, what then?
The Shaykh: According to what they agree upon, what is this?
The student: They pass by.
The Shaykh: Keep it here, may Allah reward you with good.
The student: This is fresh fruit, not dates.
The Shaykh: Fresh fruit, according to what they agree upon. It is not necessary that he return to her what he took from her; he may return to her a portion of it, but only by mutual agreement between them.
The questioner : May Allah reward you with good.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.