A condition in khul‘

Question

Question: Zayd entered into khul‘ with his wife Hind on the condition: “You will completely give up associating with Bakr.” Hind accepted this condition, but after the ‘idda had passed Hind did not obey Zayd’s instruction; rather, after the ‘idda she married Bakr. Zayd, Hind and Bakr are all three adults. In this situation, did the khul‘ take place or not? And is the nikah which Hind contracted with Bakr after the ‘idda valid?

Answer

This condition is invalid (fasid), and attaching an invalid condition does not make the khul‘ invalid; rather, the condition becomes void of effect and the khul‘ remains valid — thus in al-Hindiyya (vol. 1, p. 396). Therefore Zayd’s claim is void (laghw): through the khul‘ an irrevocable (ba’in) talaq has taken effect, and Hind’s nikah with Bakr is valid.

Source: Fatawa Mahmudiyya

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