Maintenance during the ‘idda of khul‘

Question

Question: In the case of talaq by khul‘, will the woman be entitled to ‘idda maintenance or not? Likewise, if the husband gives the woman talaq on the ground that she is a mazniyya (a woman with whom zina has been committed), will the woman in that case be entitled to mahr and maintenance (nafaqa) or not?

Answer

If in the khul‘ the condition that the ‘idda maintenance is to lapse was not stipulated, it will not lapse; if it was stipulated, it will lapse. The mahr lapses even without a condition. By talaq neither the ‘idda maintenance nor the mahr lapses, whether he gives talaq because she is a mazniyya or for any other reason: [ar]وسقط بكل منهما، أي من الخلع والمباراة، كل حق لكل واحد…

Source: Fatawa Mahmudiyya

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