Ibn Majah [2]. And because it is a consideration in exchange for an annulment, it should not exceed its amount at the initiation of the contract, similar to the compensation in rescission (Iqalah). Our evidence is the saying of Allah the Almighty: {Then there is no sin upon both of them for that by which she ransoms herself} [3]. And because it is the opinion of those we named among the Companions. Al-Rubayyi' bint Mu'awwidh said: I sought Khul' from my husband for less than the hair tie of my head, and 'Uthman ibn 'Affan, may Allah be pleased with him, permitted that [4]. Such a matter would become well-known, and since it was not objected to, it constitutes consensus (Ijma'), and it is not authentically reported that 'Ali opposed it. Once this is established, it is not recommended for him to take more than what he gave her. This is the opinion of Sa'id ibn al-Musayyab, al-Hasan, al-Sha'bi, al-Hakam, Hammad, Ishaq, and Abu 'Ubayd. If he does so, it is permissible, albeit with dislike (Karahah) [5], whereas Abu Hanifah, Malik, and al-Shafi'i did not consider it disliked. Malik said: I have always heard of the permission of ransom for more than the dower. Our evidence is the Hadith of Jamilah. It is reported from 'Ata' that the Prophet (peace and blessings of Allah be upon him) disliked that one should take more from the woman seeking Khul' than what he gave her. Narrated by Abu Hafs with his chain of transmission [6]. It is explicit regarding the ruling, so we reconcile the verse and the report by saying: The verse indicates permissibility, and the prohibition of increasing [the amount] is for dislike [7]. And Allah knows best.

1234 - Issue; he said: (If she sought Khul' from him for reasons other than what we mentioned, it is disliked for her, yet the Khul' takes effect).

In some manuscripts it says "bi-ghayr ma dhakarna" (for other than what we mentioned) with the letter ba'; thus, it is possible he meant more than her dower. We have already mentioned that in the previous issue. However, the apparent meaning is that he meant if she sought Khul' from him without hatred or fear that they might not uphold the boundaries of Allah; because if he meant the former, he would have said: "it is disliked for him." Since he said: "it is disliked for her," it indicates that he meant her seeking Khul' from him while the situation is flourishing and their characters are compatible; for indeed, that is disliked for her, and if she does it...