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Musannaf 'Abd al-Razzaq 12280

✧ She takes khul' from her husband while he is sick, or she says she has no dowry

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عَبْدُ الرَّزَّاقِ عَنِ الثَّوْرِيِّ، قَالَ:

إِنِ اخْتَلَعَتِ الْمَرْأَةُ مِنْ زَوْجِهَا بِعَشَرَةِ آلَافٍ وَهِيَ مَرِيضَةٌ، ثُمَّ تُوُفِّيَتْ، جَعَلْنَا لَهُ قَدْرَ مِيرَاثِهِ مِنْهَا، وَإِنْ كَانَ مِيرَاثُهُ أَقَلَّ أَعْطَيْنَاهُ مِيرَاثَهُ، وَإِنْ كَانَ مِيرَاثُهُ أَكْثَرَ لَمْ يَزِدْ عَلَى الْعَشْرِ، لِأَنَّهُ رَضِيَ بِهَا، وَإِنْ صَحَّتْ جَازَ لَهُ

Translation

Chain of narrators

machine translationʿAbd al-Razzāq, from al-Thawrī, said:

Machine translation, not reviewed

If a woman obtains a khulʿ divorce from her husband for ten thousand while she is ill, and then she dies, we give him the amount of his inheritance from her. If his inheritance is less, we give him his inheritance; and if his inheritance is more, it does not exceed the ten thousand, because he was content with it. And if she recovers, it is permissible for him.

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