Talaq through khul‘

Question

Question: Zayd and Hind are husband and wife. Discord arose between them for some reason. The husband does not want to give talaq, but when Hind went to her parents’ home she sent from there a written document for khul‘: “I enter into khul‘ in exchange for the mahr.” After arriving, this document lay with the husband for about a month; the husband gave no reply.

Answer

The document that Hind wrote first did not bring about khul‘, because the husband did not accept it. Then, when the document was obtained from Zayd in writing, and it was not under compulsion and coercion (jabr and ikrah) but with consent, and in it Zayd wrote only, “I have made khul‘ with you,” then by writing this much an irrevocable (ba’in)

Source: Fatawa Mahmudiyya

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