What should a wife do if she wishes to return the dowry and valuables to her husband after a Khul' (dissolution of marriage initiated by the wife), but he refuses to accept them? Is the divorce valid in this case, and is it permissible for her to give them away as charity?
Divorce (Talaq) and separation (Khul') differ in their rulings and consequences:
Firstly: If the separation occurs through divorce (talaq) in exchange for compensation, it is an irrevocable divorce (talaq ba'in). If it occurs without compensation, it is a revocable divorce (talaq raj'i), whether it is the first or second such divorce, and its waiting period ('iddah) is three menstrual cycles.
Secondly: If the separation occurs through khul' without compensation, there are two opinions among scholars: 1. The majority of scholars: Khul' is not valid without compensation. If divorce (talaq) was intended, a revocable divorce occurs. 2. The Malikis: Khul' is valid without compensation, and it results in an irrevocable separation (baynunah). Its waiting period is one menstrual cycle. This is the view preferred by Sheikh Ibn 'Uthaymeen, who considers the waiver of maintenance as compensation.
Therefore, divorce without compensation is revocable, and its waiting period is three menstrual cycles. As for khul', it is an annulment that is not counted towards the number of divorces, and it results in an irrevocable separation, with a waiting period of one menstrual cycle.
Thirdly: If the husband has not taken the dowry (mahr) and gifts, they are the property of the wife.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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