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The question

What are the conditions for a woman to return to her husband after khulʿ, and do the conditions differ if she was divorced by him twice before the khulʿ?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If khulʿ (a woman seeking divorce from her husband by returning the dower or other compensation) is not pronounced with the word "divorce" and divorce is not intended by it, then it is an annulment (faskh) and is not counted as a divorce. However, if it is pronounced with the word "divorce," it is considered a divorce by the majority of scholars. Others, such as Ibn Taymiyyah and Ibn ʿUthaymeen, held that it is also an annulment even if pronounced with the word "divorce," and it is not counted among the number of divorces. This latter view is considered the more preponderant opinion. Consequently, the husband can return to his wife with a new marriage contract after khulʿ.

As for a three-fold divorce, it prevents the husband from returning to his wife until she marries another man. It is impermissible to circumvent this ruling through a sham marriage, known as "tahlīl marriage" (marriage of analysis), which is forbidden.

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Ftawy
Original fatwa ID
4777
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