Bulugh al-Maram

Takhrij:
«أخرجه البخاري، الطلاق، باب الخلع....، حديث:5273، وحديث امرأة ثابت بن قيس اختلعت منه: أخرجه أبوداود، الطلاق، حديث:2229، والترمذي، الطلاق واللعان، حديث:1185، وسنده حسن، وحديث عمرو بن شعيب: أخرجه ابن ماجه، الطلاق، حديث:2057 وسنده ضعيف، حجاج بن أرطاة ضعيف مدلس وعنعن، والحديث ضعفه البوصيري، وحديث سهل بن أبي حثمة: أخرجه أحمد:4 /3 وسنده ضعيف، فيه حجاج بن أرطاة عنعن.»©Explanation:
➊ This hadith proves that if the wife has a valid excuse, she may obtain khul‘ (divorce at the wife’s request) by returning the dower (mahr) to the husband or by giving him some other property.
➋ Our esteemed researcher has declared the narrations transmitted by ‘Amr ibn Shu‘ayb from his father from his grandfather, and from Sahl ibn Abi Hathmah, to be weak in terms of chain of transmission (isnad), whereas other scholars, based on corroborating evidence, have classified them as hasan li-ghayrihi (sound due to supporting narrations), which, according to the hadith scholars (muhaddithin), is acceptable for practice and as proof. Furthermore, after examination and scrutiny, the opinion favoring the authentication (tahsin) of the hadith appears closer to correctness.
And Allah knows best.
For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 26/18, 19)

Clarification: «حضرت ثابت بن قیس رضی اللہ عنہ » belonged to the Ansar tribe of Khazraj, which is why he was called Ansari Khazraji.
He was counted among the eminent Companions (Sahabah radi Allahu anhum).
He was the orator (khatib) of the Ansar and of the Messenger of Allah (sallallahu alayhi wa sallam).
He participated in Uhud and all subsequent battles, and the Prophet (sallallahu alayhi wa sallam) gave him glad tidings of Paradise.
He was martyred in the battle of Yamamah in the year 12 AH.

Hadith Commentary:
From this it is understood that Thabit radi Allahu anhu did not behave badly with her in any way, but in the narration of al-Nasa'i it is mentioned that Thabit radi Allahu anhu had broken her hand. In the narration of Ibn Majah, it is stated that Thabit radi Allahu anhu was an unattractive man, and for this reason, Jamila developed aversion towards him.

Hadith Commentary:
(1)
From these narrations, it is understood that Hazrat Thabit bin Qais radi Allahu anhu did not display any kind of bad conduct towards his wife; however, in terms of appearance, he was not very handsome, whereas Allah Ta’ala had granted his wife great beauty and charm. Some narrations indicate that, due to a quarrel one day, Hazrat Thabit radi Allahu anhu struck her and broke her hand, and for this reason, feelings of aversion had developed in his wife. She expressed her aversion in these words: “If it were not for the fear of Allah Ta’ala, when he came to me, I would have spat in his face.” (Sunan Ibn Majah, Kitab al-Talaq, Hadith: 2057, and Fath al-Bari: 9/495)

(2)
In the case of khul‘ (dissolution of marriage at the wife’s request), the wife must return the dower (mahr), and the husband cannot demand more than the dower, as is mentioned in a narration in which the Messenger of Allah sallallahu alayhi wa sallam ordered Hazrat Thabit bin Qais radi Allahu anhu: “He should take back his garden from her and take nothing more.” (Sunan Ibn Majah, Kitab al-Talaq, Hadith: 2056) However, if the wife, of her own will, wishes to give more than the dower to free herself, it is permissible, because there is no prohibition of this in the Shari‘ah, and the narrations in which giving more is prohibited are not authentic. And Allah knows best.

Hadith Commentary:
By mentioning these chains of narration, Imam Bukhari rahimahullah intends to show that the narrators have differed regarding this matter. Ibn Tahman and Jarir have narrated it as a connected (mawsul) report from Ayyub, while Hammad has narrated it as a disconnected (mursal) report. In one narration, it is mentioned that the name of Thabit radi Allahu anhu's wife was Habibah bint Sahal.
Bazaar has narrated that this was the first khul‘ (dissolution of marriage at the wife's request) in Islam.
And Allah knows best what is correct.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah has brought this hadith because in the previous ahadith where the command to divorce her was given, what was meant was the linguistic meaning of divorce, i.e., to leave her; the technical (shar‘i) divorce was not intended. Thus, in this hadith it is stated that you should separate from her.

(2)
According to our preferred view, khul‘ is the annulment (fasakh) of the marriage, not a divorce (talaq), because:
➊ The waiting period (‘iddah) for khul‘ is one menstrual cycle, whereas for divorce it is three menstrual cycles.
➋ In khul‘, the man does not have the right to take his wife back (ruju‘), whereas after issuing a divorce, the man has the right to take her back.
➌ In khul‘, the man can take back the dower (mahr) he gave, whereas in divorce this is not possible.
➍ Khul‘ is permissible even during menstruation (hayd), whereas divorce is prohibited during menstruation.
➎ After khul‘, the husband and wife can remarry and live together anew, whereas after the prescribed number of divorces is completed, generally the husband and wife cannot live together again; however, if the woman marries someone else and consummates the marriage, and then is divorced, she may remarry her first husband.
And Allah knows best.

Urdu marginal note:
“Acts of disbelief”: Harboring hatred towards the husband at home, constantly quarreling with him, and keeping him displeased are such actions that are prohibited in Islam. In other words, these are acts of disbelief. Here, disbelief (kufr) can also refer to ingratitude towards the husband. In Arabic, ingratitude is also termed as kufr.

Benefits and Issues:
➊ When a woman feels that she cannot live with her husband and it is difficult for her to fulfill his rights, she may demand a divorce.

➋ In this case, if the husband divorces her without taking anything, that is also valid, but it will be called a divorce (talaq), not khul‘.

➌ When a woman obtains a divorce by giving the full dower (mahr) or a part of it, this is called khul‘, and it is permissible.

➍ In the case of khul‘, the husband should only take what he had given; he should not take more than that.

➎ Once the decision of khul‘ has been made, it is sufficient for the husband to take the agreed-upon property and pronounce one divorce (talaq), after which, upon completion of her waiting period (‘iddah), the woman may marry another man. According to the narration of Sahih al-Bukhari, the Messenger of Allah (sallallahu alayhi wa sallam) said:
“Take back the garden and give her one divorce.” (Sahih al-Bukhari, Kitab al-Talaq, Chapter: Khul‘ and How Divorce is in It..., Hadith: 5273)