Hadith 3353

(1) The statement: “She sought khul‘ from her husband for everything she owned…”: In Ad-Durr al-Mukhtar, it is prohibitively disliked to take anything, including waiving her rights, if the discord is from the husband. If from the wife, it is not disliked, even if both are at fault or more than what was given, per the preferred view. Ash-Shamni validated the dislike of taking more. Multaqa’s phrasing, “no harm in it,” suggests it is mildly disliked, reconciling Fath’s rejection of dislike for taking more (per Jami‘ as-Saghir) with Ash-Shamni’s affirmation (per Asl). The first negates prohibition, the second affirms mild dislike, as clarified in Fath and followed in Bahr. The issue was disputed among the Companions, with texts from both sides, and Fath concludes Jami‘’s narration is stronger, though taking more is less preferable, as in Radd al-Muhtar (summarized).

(2) The statement: “The fragrance of Paradise is forbidden to her”: Al-Khazn states that most scholars permit khul‘ without discord or anger, though it is disliked due to severing ties without cause, per Thawban’s Hadith: “Any woman who requests divorce from her husband without harm, the fragrance of Paradise is forbidden to her,” narrated by Abu Dawud and Tirmidhi. Ibn Umar narrated the Prophet (ﷺ) said: “The most hated of lawful things to Allah is divorce,” narrated by Abu Dawud. The majority’s evidence for permitting khul‘ without discord is “And if they give something of it willingly, then eat it pleasantly and wholesomely” [An-Nisa: 4]. If she can gift her dowry without harm, it is more fitting for khul‘, which makes her master of herself. In Rahmat al-Ummah, the Imams agree that if a woman dislikes her husband for his appearance or bad companionship, she may seek khul‘ for compensation. If they mutually agree on khul‘ without cause, it is permissible and not disliked.