Khul` as minor irrevocable divorce unless preceded with two pronouncements of divorce


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Q: A man wanted to travel with his wife but when his father-in-law prevented him, he told him, "Waive the one thousand riyals I owe you and take your daughter.'' The father-in-law replied, "May Allah forgive you." What are the consequences of this?


A: If the concerned father-in-law intended by saying, "May Allah forgive you" to waive the one thousand riyals that his son-in-law owed him in return for the latter pronouncing Talaq (divorce pronounced by a husband), this is considered Khul` (divorce at the request of the wife in return for compensation to the husband). Khul` results in minor irrevocable divorce, which means that a man may remarry his irrevocably divorced ex-wife with a new Mahr (mandatory gift to a bride from her groom) and contract provided that the woman gives her consent and all other Rukns (essential elements) and conditions of marriage are fulfilled. However, this remarriage is only permissible if this Khul` is not the third Talaq. If it is the third Talaq, it is impermissible for him to marry his ex-wife unless she is married first to another man with a Shar`y (Islamically lawful) marriage the purpose thereof is not Tahlil (a marriage contracted for the sole purpose of legalizing remarriage between an irrevocably divorced couple). May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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