As for if he bequeathed to her the equivalent of her inheritance, or less, it is valid, because there is no accusation that he separated from her to give her that; for if he had not separated from her, she would have taken it as her inheritance. And if he bequeathed to her in excess of that, the heirs have the right to prevent her from it, because he is accused of intending to deliver that to her, since he had no way to deliver it to her while she was in his wedlock, so he divorced her to deliver it to her, and thus he is prevented from it, just as if he had bequeathed to an heir.

Section: If he performs Khul' with his wife for the maintenance of her 'iddah (waiting period), it is narrated from Ahmad and Abu Hanifah that this is permissible. This is only interpreted according to the school of Ahmad if she is pregnant; as for the non-pregnant woman, there is no maintenance due to her from him, so it is not valid as compensation. Al-Shafi'i said: Maintenance is not valid as compensation; if he performs Khul' with her for it, the dower of similar worth becomes due, because the maintenance was not due, so Khul' cannot be validly based upon it, just as if he performed Khul' with her for compensation of something he destroyed for her. Our argument is that it is one of the two maintenances, so the Khul' is validly based upon it, like the maintenance of a child in the case where she performs Khul' with him for the support of his child for a known time. Their statement that "it was not due" is disputed, for it has been said: Maintenance is due by the contract; then, if it were not due, the cause for its obligation has been found, like the maintenance of a child, unlike compensation for what he destroys.

1246 - Issue: He said: "And if she performs Khul' with him for something forbidden, and they are both disbelievers, and he takes possession of it, then they both embrace Islam, or one of them, he does not have recourse against her for anything."

The summary of this is that Khul' among disbelievers is permissible, whether they are Dhimmis (protected subjects) or Harbis (those at war); because whoever possesses the right to divorce, possesses the right to exchange for it, like a Muslim. If they perform Khul' for valid compensation, then they both embrace Islam or take their case to a judge, he enforces that between them, just as with Muslims.