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Question: My wife and I had a difficult week, and I avoided talking to her to prevent saying something I might regret out of anger. To prompt me to sit down and discuss the issue, my wife mentioned khulʿ. Initially, I thought she was serious about khulʿ, so I told her I would only consider it valid if it were in writing, signed by both of us in front of two witnesses. I did this to delay the process, hoping she would reconsider. The next day, she prepared a khulʿ document and showed it to me. Again, I stated that I would agree to khulʿ only if it was signed in front of witnesses. She then asked me to meet her, claiming she would have witnesses present. When I arrived, there were no witnesses, only my wife with the khulʿ document. I even offered to give her a hug, hoping she would change her mind. She signed the document and asked me to do the same. I reminded her of my condition for witnesses, which was not met. I hesitated, clearly not wanting to sign. After she made a provoking comment, I reluctantly began to sign, but as I was doing so, she tried to take the document away from me multiple times. After three attempts, I signed but did not write the date. The document explicitly stated that signatures must be made in the presence of witnesses, which did not occur. My Question: Based on the information provided, is this khulʿ considered valid? Response: Firstly, the specifics of the khulʿ document prepared by your wife are not clear. However, if it included a request for separation from the husband in exchange for compensation, this would constitute a valid request for khulʿ, whether expressed verbally or documented, as in this case. According to al-Mawsūʿah al-Fiqhīyah: "27 - The Form of Khulʿ Involves Offer and Acceptance. As for the offer and acceptance, they are essential elements of khulʿ according to the Hanafi school of thought if there is a payment (compensation) involved. The Shafi'i scholars specify conditions when the husband initiates with an expression of exchange, such as saying, "I divorce you in return for such-and-such," requiring acceptance verbally by someone capable of speech, by clear gesturing from someone who is mute, or in writing by either party..." (19/256). Secondly, khulʿ, whether it is viewed as a dissolution (faskh) or a divorce (ṭalāq), is undeniably a form of separation. The majority opinion holds that having witnesses present in the case of separation is recommended but not obligatory. As-Sarkhasī stated: "The intended meaning of the āyah is recommendation. Do you not see that it combines between resuming the marriage and separation, and it commands witnessing both? Witnessing the separation is recommended, not obligatory; similarly, witnessing the resumption is recommended. This is comparable to the statement of Allāh: ﴿وَأَشۡهِدُوۤا۟ إِذَا تَبَایَعۡتُمۡ﴾ ‘And bring witnesses when you contract a sale’ [Surah Al-Baqarah: 282]. The sale is valid without witnesses." [Al-Mabsūṭ (6/22)] Additionally, the purpose of having witnesses is to prevent disputes that may arise later. Al-Qurṭubī stated: "The benefit of witnessing is to prevent disputes between the two parties and to avoid any suspicion regarding the retention of the wife. It also serves to ensure that if one of them passes away, the surviving spouse cannot claim the continuation of the marriage in order to inherit." [Al-Jāmiʿ li-Aḥkām al-Qur'ān (18/158)] Thus, if there was a request for khulʿ and an acceptance made during the same sitting, the khulʿ is rendered valid. It is important to note that the request for witnesses in this circumstance differs from a conditional khulʿ. For example, if the husband says, “You are divorced by khulʿ if your father is present,” it would be a conditional statement, and the khulʿ would not take effect unless this condition is fulfilled. Al-Imām ash-Shāfi'ī stated: