There is nothing in this chapter more authentic for us (2) than the hadith of Ibn 'Abbas that it is an annulment (faskh). Ibn 'Abbas argued using the words of the Almighty: "Divorce is twice" (3). Then He said: "There is no blame upon them for that which she ransoms herself with" (3). Then He said: "And if he has divorced her, she is not lawful unto him thereafter until she has married another husband" (4). Thus, He mentioned two divorces, the Khul', and a divorce after it; if Khul' were a divorce, it would be four. Furthermore, it is a separation that is devoid of the explicit term of divorce or its intention, so it is an annulment, like all other annulments. The logic of the second narration is that she offered compensation for the separation, and the separation that the husband has the power to initiate is divorce, not annulment; therefore, it must be a divorce. Also, because he used a metonymy (kinayah) of divorce while intending to separate from her, it is a divorce, just like [other forms] outside of Khul'. The benefit of the two narrations is that if we say: "It is a divorce," then if he khala'a her once, it is counted as a divorce, and the number of her divorce counts is reduced (5) (6). And if he khala'a her three times, she is divorced three times and is not lawful to him thereafter until she marries another husband. But if we say: "It is an annulment," she is not forbidden to him, even if he khala'a her a hundred times. This disagreement applies when he khala'a her without the explicit term of divorce and without intending it. However, if she offers him the compensation for their separation, it is a divorce without disagreement. Even if it occurs without the explicit term of divorce, such as through the metonymies of divorce, or the terms of Khul', Mufada'ah (ransom), and the like, and he intends divorce by it, then it is also a divorce, because it is a metonymy coupled with the intention of divorce; thus, it is a divorce, just as if it were without compensation. If he does not intend divorce by it, then that is the case in which the two narrations apply. And Allah knows best.
Section: The terms of Khul' are divided into explicit (sarih) and metonymic (kinayah). The explicit are three terms: "Khala'tu-ki" (I have granted you Khul'), because it is established as such by custom. "Mufada'ah" (I have ransomed you), because the Qur'an has used it in His, the Exalted's, saying:
(2) Omitted from [B] and [M]. (3) Surah al-Baqarah: 229. (4) Surah al-Baqarah: 230. (5) In [B] and [M]: "fa-yanqusu" (so it reduces). (6) In [A], [B], and [M]: "talaqihi" (his divorce).