Issue No. 2160- If a person takes some money from his wife and makes a compromise to the effect that he will not return to her, or that he would not be entitled to return to her, it will not suffice and the right to return is not forfeited.
Issue No. 2163- The obligatory precaution is that the formula of Khul’ divorce should be as follows:If the husband himself wishes to pronounce the formula of khul‘ divorce and his wife’s name is, say, Fatima, he should say after receiving the property:زَوْجَتِي فاطِمَةُ خَلَعْتُها عَلي ما بَذَلَتْ هِىَ طالِقٌ“Zawjatī Fatimatu Khala‘tuhā ‘Ala Mā Badhalat Hīya Ṭāliq”“I have divorced my wife Fatima in return of what she has given me, and she is free”In case, his representative wants to pronounce the formula, the obligatory precaution is that a person should be appointed by the woman on her behalf as her representative and another one on behalf of the man. If the husband’s name is, say, Muhammad and the wife’s name is Fatima, the woman’s representative should say:عَنْ مُوَکِّلَتِي فاطِمَةَ بَذَلْتُ مَهْرَها لِمُوَکِّلِکَ مُحَمَّد لِيَخْلَعَها عَلَيْهِ“‘An Muwakkilatī Fatima Badhaltu Mahrahā Li Muwakkilika Muhammad Li Yakhla‘ahā ‘Alayh”Then the man’s representative should immediately say:زَوْجَةُ مُوَکِّلِي خَلَعْتُها عَلي ما بَذَلَتْ هِىَ طالِقٌ“Zawjatu Muwakkilī Khala‘tuhā ‘Ala Mā Badhalat Hīya Ṭāliq”(In case the wife gives something other than mahr to her husband, the name of the same thing should be mentioned at the time of pronouncing the formula).
Issue No. 2165- The obligatory precaution is that the formula of mubārāt divorce should be pronounced as follows:If the husband himself pronounces the formula and his wife’s name is Fatima, he should say:بَارَأْتُ زَوْجَتي فاطَمَةَ عَلي ما بَذَلَتْ فَهِىَ طالِقٌ“Bāra’tu Zawjatī Fatima ‘Alā Mā Badhalat Fahīya Ṭāliq”(My wife Fatima and I separate from each other in consideration of what she has given me, hence, she is free)(In case, she gives something other than mahr, the name of that thing should be mentioned). If the man’s representative wants to pronounce the formula, he should say:بَارَأْتُ زَوْجَةَ مُوَکِّلي فاطِمَةَ عَلي ما بَذَلَتْ فَهِىَ طالِقٌ“Bāra’tu Zawjata Muwakkilī Fatima ‘Ala Mā Badhalat Fahīya Ṭāliq”Of course, the wife should have already given her mahr or something less than that to her husband for the divorce.
Issue No. 2166- The obligatory precaution is that the formula of khul‘ or mubārāt divorce should be pronounced in correct Arabic. However, if in order to give her property to her husband the woman says in English [for example]: "I will give you such and such property in return of the divorce" it is sufficient.
Issue No. 2167- During the waiting period (‘iddah) of khul‘ or mubārāt divorce, the wife can change her mind and take her property back, and if she does so, the husband can ‘return’ to her and take her back as his wife without a marriage contract.
Issue No. 2168- The property which the husband takes in mubārāt divorce should not exceed the mahr of the wife; rather, it should be less than mahr as an obligatory precaution. In the case of Khul' divorce, however, there is no harm if it exceeds her mahr.
Issue No. 2169- If a man had sexual intercourse with a non-maḥram woman under the impression that she is his wife, the woman should observe ‘iddah (‘iddah of divorce), irrespective of whether she knew that the man was not her husband or not. In case the man knows that the woman is not his wife, but the woman considers him as her husband, in this case too, she should observe ‘iddah. For doubted intercourses one should calculate ‘iddah from the last intercourse.
Issue No. 2170- If a man seduces a woman so that she may take divorce from her husband and then marry him, the divorce and the marriage are in order, but both of them have committed a major sin.
Issue No. 2171- If a woman lays a condition at the time of nikāḥ that if her husband, for instance, goes on a journey or gets addicted to drugs or does not give her maintenance, she will have the right of divorce, this condition is void. However, if she lays a condition that in the mentioned situations or the likes, she will be his agent for her own divorce, this agency (wakālah) is in order, and she is entitled to divorce herself.
Issue No. 2172- If the husband of a woman disappears and his whereabouts are not known and it is not known whether or not he is alive, and she wishes to get a divorce in order to be able to marry another man, she should approach a just Mujtahid and act according to the order prescribed for her in the Islamic sharia.
Issue No. 2173- The father and paternal grandfather of an insane person can divorce his wife if it is in his interest, but if the legal guardian of a minor has contracted a permanent marriage between him and a woman, he cannot, as an obligatory precaution, divorce her. However, if he has contracted a temporary marriage for him, he can exempt the woman from the remaining period provided that it is in his best interest.
Issue No. 2174- If a man considers two persons to be just and divorces his wife in their presence, another person who does not consider those two persons to be just, cannot, as an obligatory precaution, marry that woman or marry her off to another person. However, there is no objection if he doubts about their being just.
