She Asked Her Husband for Khul’ and He Answered the Next Day
Fatwa No: 447940

Question

I am in a very unfortunate situation with my husband. We have been married for ten years.Yesterday in the evening we were having a fight and I was very emotional and asked him for Khula and I did not mean it. He didn’t answer till the very next day where he said that I am giving you a khula even though I did not ask for it on that day. Now he has left because As we understand it we are not allowed to live in the same household before we can make a new nikah. We both want to be together and continue the marriage and make an effort to be better Muslims. My question is: Is the khula valid or is invalid? Barakalllahufeekum

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

First of all, you should know that the meaning of Khul’ is “the separation of the wife for compensation with specific terms” as defined by the jurists.

Therefore, if a man separates from his wife in return for compensation that she pays to him and he initiated the Khul’ with its wording, then the Khul’ has taken place with its Islamically accepted conditions, so it is an irrevocable divorce according to our view at Islamweb.

If this is the first or second divorce, then the wife does not go back to her husband except with a new contract. If it is the third divorce, the wife does not go back to her husband until she marries another husband a serious marriage and not a Tahleel marriage in order to make her permissible for her first husband.

Now, does it affect the validity of the Khul’ that it be issued to her on a day or assembly other than the day she asked for Khul’, or does it not affect its validity and the Khul’ takes place in any case?

There are two opinions of the scholars about this; some of them are of the view that the Khul’ should take place in the same assembly, and some of them said that it is valid that it is delayed (at any other time).

Al-Mardawi from the Hanbali School of jurisprudence, said in Al-Insaf:

It is a condition that he should answer her about it [the Khul’] immediately...according to the correct view of the School... It was also said that: “Immediateness is not a condition, but rather it can be effective if it is delayed (i.e. at any other time). This is the authoritative opinion of the author of al-Muntakhab.” [End of quote]

Based on the above, it is necessary to look at what your husband had exactly uttered, which is his saying (I am giving you Khul’); does he mean (for example): “I issue Khul’ to you’? Or does he mean that if you want Khul’, then I will do it?. Also, was it in return for compensation that you will pay to him or without compensation?

We cannot issue a Fatwa to you until you explain these matters to us for such matters related to divorce and Khul’ are very complex, so it is not appropriate to generalize the answer about it and base it on probabilities.

For more benefit about Khul’, please refer to Fatawa 89039, 297739, 131953, 276691, 205168 and 168545.

Allah Knows best.

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