2595. If both the husband and wife have an aversion to each other, and the wife gives some property to her husband so that he divorces her, it is known as a mub¡r¡t divorce.
2596. If the husband wishes to pronounce the formal expressions of a mub¡r¡t, then given that his wife’s name is Fatima, he should state:
بارَأْتُ زَوْجَتِي فاطِمَةَ عَلى ما بَذَلَتْ فَهِيَ طالِقٌ
I and my wife Fatima have separated from each other in return for what she gifted (me). Therefore she is released.
If he deputizes another person, the deputy should state:
بارَأْتُ زَوْجَةَ مُوَكِّلِي فاطِمَةَ عَلى ما بَذَلَتْ فَهِيَ طالِقٌ
He may also state:
عَنْ قِبَلِ مُوَكِّلِي بارَأْتُ زَوْجَتَهُ فاطِمَةَ عَلى ما بَذَلَتْ فَهِيَ طالِقٌ
In the above expression, the obligation to include the statement فَهِيَ طالِقٌ is based on obligatory precaution. There is no problem if he states عَلى ما بَذَلَتْ in lieu of بِما بَذَلَتْ.
2597. The formal expression of the khul’ or mub¡r¡t divorce must be pronounced in correct Arabic. However, if the wife wishes to gift her property to her husband and hence states in English, “I have gifted the following property to you so that you may divorce me,” there will be no problem in it. If the husband is unable to divorce her by pronouncing the formal expressions in Arabic, then obligatory precaution dictates that he deputize a person for this task. If however he is also unable to deputize someone, then if he grants her a khul‘ or mub¡r¡t divorce by pronouncing the formal expressions using words which are synonymous to the Arabic statement, it will be valid.
2598. If during the ‘iddah of a khul‘ or mub¡r¡t divorce, the wife declines to gift the property to her husband, the husband may return to her, and without a new marriage he may re-establish a spousal relationship with her.
2599. The property which the husband acquires in a mub¡r¡t divorce should not be greater than the mahr. However in a khul‘ divorce, there is no problem if it is greater than the [mahr] dowr.
