Narrated Ibn `Abbas: The wife of Thabit bin Qais came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allah's Apostle said (to her), "Will you give back the garden which your husband has given you (as Mahr)?" She said, "Yes." Then the Prophet said to Thabit, "O Thabit! Accept your garden, and divorce her once."
And how does divorce occur in khul‘? And Allah the Exalted has said in Surah al-Baqarah «ولا يحل لكم أن تأخذوا مما آتيتموهن شيئا»: "And it is not lawful for you (the husbands) to take back anything of what you have given them (your wives), except when both fear that they will not be able to keep within the limits set by Allah." ‘Umar (may Allah be pleased with him) considered khul‘ permissible. There is no need for the order of a ruler or judge in this. And ‘Uthman (may Allah be pleased with him) said that if a woman seeks khul‘ in exchange for all her wealth, leaving only the thread with which her dress is tied, even then khul‘ is valid. Tawus said that «إلا أن يخافا أن لا يقيما حدود الله» means that when the wife and husband are unable to fulfill their respective duties related to good companionship and living together (then khul‘ is permissible). Tawus did not say, like those foolish people, that khul‘ is only permissible when the woman says, "I will not perform ghusl from janabah or menstruation."
And how does divorce occur in khul‘? And Allah the Exalted has said in Surah al-Baqarah «ولا يحل لكم أن تأخذوا مما آتيتموهن شيئا»: "And it is not lawful for you (the husbands) to take back anything of what you have given them (your wives), except when both fear that they will not be able to keep within the limits set by Allah." ‘Umar (may Allah be pleased with him) considered khul‘ permissible. There is no need for the order of a ruler or judge in this. And ‘Uthman (may Allah be pleased with him) said that if a woman seeks khul‘ in exchange for all her wealth, leaving only the thread with which her dress is tied, even then khul‘ is valid. Tawus said that «إلا أن يخافا أن لا يقيما حدود الله» means that when the wife and husband are unable to fulfill their respective duties related to good companionship and living together (then khul‘ is permissible). Tawus did not say, like those foolish people, that khul‘ is only permissible when the woman says, "I will not perform ghusl from janabah or menstruation."
Narrated Ibn `Abbas: The wife of Thabit bin Qais came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allah's Apostle said (to her), "Will you give back the garden which your husband has given you (as Mahr)?" She said, "Yes." Then the Prophet said to Thabit, "O Thabit! Accept your garden, and divorce her once."
Hadith Referenceصحيح البخاري / كتاب الطلاق / 5273
Hadith Gradingمحدثین:أحاديث صحيح البخاريّ كلّها صحيحة
Narrated `Ikrima: The sister of `Abdullah bin Ubai narrated (the above narration, 197) with the addition that the Prophet said to Thabit's wife, "Will you return his garden?" She said, "Yes," and returned it, and (then) the Prophet ordered Thabit to divorce her.
Hadith Referenceصحيح البخاري / كتاب الطلاق / 5274
Hadith Gradingمحدثین:أحاديث صحيح البخاريّ كلّها صحيحة
Narrated Ibn `Abbas: The wife of Thabit bin Qais came to Allah's Apostle and said, "O Allah's Apostle! I do not blame Thabit for any defects in his character or his religion, but I cannot endure to live with him." On that Allah's Apostle said, "Will you return his garden to him?" She said, "Yes."
Hadith Referenceصحيح البخاري / كتاب الطلاق / 5275
Hadith Gradingمحدثین:أحاديث صحيح البخاريّ كلّها صحيحة
Narrated Ibn `Abbas: The wife of Thabit bin Qais bin Shammas came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for any defects in his character or his religion, but I am afraid that I (being a Muslim) may become unthankful for Allah's Blessings." On that, Allah's Apostle said (to her), 'Will you return his garden to him?" She said, "Yes." So she returned his garden to him and the Prophet told him to divorce her.
Hadith Referenceصحيح البخاري / كتاب الطلاق / 5276
Hadith Gradingمحدثین:أحاديث صحيح البخاريّ كلّها صحيحة
And Allah has said (in Surah An-Nisa) «وإن خفتم شقاق بينهما فابعثوا حكما من أهله وحكما من أهلها» "If you fear dissension between the two (husband and wife), appoint an arbitrator from his people and an arbitrator from her people." (to the end of the verse).