Husband accepting the Khula'

Q: I would like to ask about whether a khula took place in my situation.

The day before, I told my husband: “I will send you the ring you gave me and you can keep everything.” Even though I didn’t explicitly say it, I was referring to the mehr that hadn’t been paid. At the time, I was asking to end the marriage and understood this as offering to give him the ring and let him keep everything in exchange for the separation. 

The following day, I asked him: “Do you accept the khulʿ?” He replied: “I accept.” 

Also, if the khulʿ was valid, is the resulting separation talāq bā’in (irrevocable)?

A: Since he accepted the khula in exchange of the mahr, etc., the khula has taken place. The khula constitutes one talaaq-e-baain (one irrevocable talaaq).

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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