His wife asked him for khula‘ and he agreed to that on condition that she return some things to him, and she accepted that; then he had intercourse with her after that

Question: 216408

My question is about the khul/khula.

My wife asked for khula 3weeks ago and we agreed that she give back the rings I gave her and she did. When I was looking up this subject on Islam q&a, the most correct opinion was that she was to observe an Iddah of one menstrual cycle before the marriage ends. We have had intercourse several times before her period came, did we commit zina or a sin? Also, because we had sex, does that count as a marriage reconciliation? Last, does her period have to end before the khula conditions are complete or does the marriage end the day she gets her period?

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Once
khula‘ has taken place between the spouses, the marriage contract between
them is annulled, according to the more correct scholarly view. Many of the
scholars are of the view that khula‘ counts as an irrevocable divorce in the
minor sense. According to both views, there is no way that the husband can
take the wife back during the ‘iddah if khula‘ has taken place. But the
majority of scholars are of the view that it is permissible for him to
remarry her during the ‘iddah with her consent in a new marriage contract
and with a new mahr (dowry). This has been discussed in detail in fatwa no.
202629.

If you
separated from your wife by means of khula‘, and the khula‘ was done in
words that clearly expressed khula‘ or other words that expressed the same
meaning, then in that case the marriage contract between you was annulled
from the moment the khula‘ occurred. Hence what you did of having
intercourse after the khula‘ is something haraam (forbidden), for which you
have to ask for forgiveness from Allah. This intercourse does not count as
taking her back, according to scholarly consensus, because you had no right
to take her back in the first place.

But if the
khula‘ was not done in words that clearly expressed khula‘ or other words
that expressed the same meaning, rather it only happened by means of
agreeing to it, then this is not regarded as anything and does not result in
annulment of the marriage; rather the marriage is only annulled with khula‘,
and khula‘only occurs with the offer and acceptance. This has been discussed
previously in fatwa no. 200341

In fatwa
no. 186809 we have explained that khula‘ at the
time of menses is permissible and valid.

However we
should point out that the one who is observing iddah following khula‘ should
not observe ‘iddah with her husband in such a way that she mixes freely with
him; rather she should observe ‘iddah in her family’s home, or in any other
place she likes. It is permissible for her to observe ‘iddah in her
husband’s house if she has a place that is separate from him and has her own
facilities, so that she will be safe and will not mix freely with the one
who was her husband. This has been explained in detail in fatwa no.
196077

And Allah
knows best.

Source:

Islam Q&A

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