What is the ruling on a husband divorcing his wife with three pronouncements of divorce after forcing her to waive her dowry while she is pregnant by him, and what are the consequential rulings regarding the dowry and Khul', and is this divorce revocable or irrevocable?
Firstly: Divorce in exchange for money or waiving the mahr (dowry) is khulʿ (a woman-initiated divorce), even if it is uttered with the word "divorce." Therefore, what occurred from this husband is khulʿ, not ṭalāq (unilateral divorce by the husband), and the marriage is فسخًا (annulled) between them.
Secondly: Khulʿ is considered an annulment (faskh) and not a divorce (ṭalāq). Thus, it does not count towards the number of divorces, and the husband cannot take his wife back except with her consent and a new contract and mahr.
Thirdly: The child conceived by his wife is legitimate, and his lineage is established with his father. He is obligated to provide for the child and his mother and secure housing throughout the pregnancy. After the birth, he is only obligated to provide for his child, and this provision includes childbirth expenses, housing, food, drink, clothing, nursing fees, and whatever else the child needs. The provision is estimated equitably, taking into consideration the husband's financial status.
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- 4570
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