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Ruling 2549. If a husband and wife do not want each other and have an aversion to each other, and the wife gives some property to her husband so that he divorces her, this is known as a ‘mubārāh’ divorce.

Ruling 2550. If the husband wishes to say the formula, in the event that the name of his wife is Fāṭimah, for example, he must say:

بَارَأْتُ زَوْجَتِيْ فَاطِمَةَ عَلَىٰ مَا بَذَلَتْ

bāraʾtu zawjatī fāṭimah ʿalā mā badhalat

I give my wife Fāṭimah a mubārāh divorce upon accepting what she has given.

And based on obligatory precaution, he must also say:

فَهِيَ طَالِقٌ

fahiya ṭāliq

And so she is divorced.

If the man appoints an agent, the agent must say:

عَنْ قِبَلِ مُوَکِّلِيْ بَارَأْتُ زَوْجَتَهُ فَاطِمَةَ عَلَىٰ مَا بَذَلَتْ فَهِيَ طَالِقٌ

ʿan qibali muwakkilī bāraʾtu zawjatahu fāṭimah ʿalā mā badhalat fahiya ṭāliq

On behalf of my client, I give his wife Fāṭimah a mubārāh divorce upon accepting what she has given, and so she is divorced.

In both cases, there is no problem if instead of عَلَیٰ مَا بَذَلَتْ [alā mā badhalat] he says بِمَا بَذَلَتْ [bimā badhalat].

Ruling 2551. If possible, the formula of the khulʿ and mubārāh divorce must be said in correct Arabic. In the event that it is not possible, the rule is the same as that for divorce, which was mentioned in Ruling 2526. However, there is no problem if the wife says the following in English, for example, for giving her property to her husband: ‘I give such and such property to you for divorce’.

Ruling 2552.* If during the ʿiddah of a khulʿ or mubārāh divorce, a wife declines to give the property, or part of it, to her husband, her husband can return to her and re-establish the marriage without a new marriage contract.

Ruling 2553.* The property that a husband acquires in a mubārāh divorce must not be greater than the dowry; in fact, it is better if it is less than the dowry. However, in a khulʿ divorce, there is no problem if it is greater than the dowry.
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