When Is It Permissible for a Man to Offer Khul to His Wife?

Hazrat Abu Qilabah and Hazrat Ibn Sirin d say that it is not appropriate for a man to ask his wife for khula until he sees another man with her, because Allah Almighty says {إلاَّ أَنْ یَأْتِینَ بِفَاحِشَۃٍ مُبَیِّنَۃٍ }.

Ibrahim (may Allah have mercy on him) says that it is not permissible for a man to take compensation for khul‘ (divorce at the wife’s request) from his wife merely because she does not obey him or does not fulfill his oath; however, if he does so, then the compensation is lawful for him. If the husband refuses to accept the compensation and the woman refuses to obey, then two men should be appointed for judgment—one from the woman’s family and one from the man’s family.

Hazrat Sha'bi (may Allah have mercy on him) says that if a woman dislikes her husband, then a man may take ransom from her and release her.

Hazrat Humaid bin Abdur Rahman Humairi (may Allah have mercy on him) says that it is better for you to seek khula from a woman when she says: "I will neither perform ghusl of janabah for you, nor will I fulfill your oath, nor will I obey your command."

Hazrat Ali (may Allah be pleased with him) says that it is permissible for a man to separate himself from a woman when the woman says: "I will neither perform ghusl of janabah for you, nor obey your command, nor fulfill your oath, nor honor anyone [else]."

Hazrat Maqsim (may Allah have mercy on him) says that when he causes you harm or disobeys you, then sever ties with him.

Hasan (may Allah have mercy on him) says in the explanation of the verse of Khul‘ that this is appropriate when the woman says, "I will not perform ghusl of janabah for you."

Hazrat Dahhak (may Allah have mercy on him), in the commentary of the verse { لِتَذْہَبُوا بِبَعْضِ مَا آتَیْتُمُوہُنَّ إلاَّ أَنْ یَأْتِینَ بِفَاحِشَۃٍ مُبَیِّنَۃٍ } of the Holy Qur'an, says that if a woman does so, it is permissible for the man to take compensation.

Hazrat Ata (may Allah have mercy on him) says that if the cause of bad relations is the woman, then it is permissible for the man to grant khula.

Hazrat Jabir bin Zaid (may Allah have mercy on him) says that if the cause of bad relations is the woman, then it is permissible for the man to take compensation.

Hazrat Urwah, may Allah have mercy on him, used to say that compensation (fidyah) is not valid until the discord is from the woman's side; he did not use to say that compensation is not valid until the woman says, "I will not fulfill your oath and I will not perform the ritual bath (ghusl) of impurity for you."

Hazrat Ibn Jurayj (may Allah have mercy on him) says that Hazrat Tawus (may Allah have mercy on him) used to say that compensation (fidyah) in khula is only valid as long as both fear that they will not be able to uphold the limits set by Allah. It is not valid merely on the basis that the woman says, "I will not perform the ritual bath (ghusl) of impurity for you." Rather, the real basis is the inability to uphold the limits set by Allah. The limits set by Allah are prescribed for both, such as good treatment and companionship.

Hazrat Sha’bah (may Allah have mercy on him) says that I asked Hazrat Hakam (may Allah have mercy on him) about the statement of a woman who says to her husband: “I will not perform ghusl of janabah for you, nor will I fulfill your oath, nor will I obey you.” He replied that this is not an important matter; she should keep it to herself.

Hazrat Qasim bin Muhammad, may Allah have mercy on him, was asked about the verse of the Holy Qur'an {إلاَّ أَنْ یَخَافَا أَلاَّ یُقِیمَا حُدُودَ اللہِ }, so he replied that it refers to good conduct and companionship.

Hazrat Kathir, the freed slave of Ibn Samurah, may Allah have mercy on him, narrates that a case was brought before Hazrat Umar, may Allah be pleased with him, regarding a woman who was disobedient to her husband. He said to her husband, "Divorce her through khula."

Hazrat Zuhri, Ata, and Amr bin Shu'aib (may Allah be pleased with them) say that khula can only be done with a disobedient wife.