"If a man says to his wife, You are divorced three times on the condition that you give me one thousand (currency), but she does not give him the thousand, then
3 November 2024 • 3.9K views
However, in this case, it seems there was a misunderstanding regarding the necessity of witness presence for the validity of khulʿ. As mentioned earlier, such a condition is not required, and you effectively completed the khulʿ by agreeing to and signing the document.
A final key aspect is if, through her attempts to retrieve the document or her statements, she indicated that she no longer desired separation before you complied and signed the document, the khulʿ would be rendered invalid.
ʿAlāʾ al-Dīn al-Kāsānī stated:
"If the initiation comes from the woman, such as if she says, ‘I have sought khulʿ from you in exchange for one thousand dirhams,’ she has the right to retract it before the husband accepts. It becomes invalid if she leaves the gathering or if he leaves as well. It does not remain valid beyond that gathering; if the husband was absent and the terms reached him and he accepted, it would not be valid." [Badā’iʿ al-Ṣanā’iʿ (3/145)]
هذا، والله أعلم
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Abū 'Aṭīyah
1/5/1446H.