Khula and Gift Return: Understanding Islamic Divorce Laws

What Happens to Gifts During Khula: A Guide to Islamic Divorce

Question: If a woman seeks Khula (divorce initiated by the wife), should she return only the Mahr (dowry) to her husband, or should she return all the gifts received from her in-laws?

Answer: If a woman seeks Khula and the husband has already given the agreed Mahr, the wife should return that Mahr to the husband. If the husband has not given the agreed Mahr, the wife should forgo her right to it and not demand it. 

Apart from the Mahr, the wife does not need to return any other items to the husband. This ruling is based on an incident during the time of the Prophet Muhammad (peace be upon him). When the wife of Thabit ibn Qais (may Allah be pleased with him) requested Khula from her husband, the Prophet (peace be upon him) asked her if she would return the garden that was given to her as Mahr. She agreed and returned the garden to her husband. This incident is mentioned in Sahih Bukhari:

The Prophet (peace be upon him) said to the wife of Thabit ibn Qais:

فَتَرُدِّينَ عَلَيْهِ حَدِيقَتَهُ؟ فَقَالَتْ: نَعَمْ، فَرَدَّتْ عَلَيْهِ،وَأَمَرَهُ فَفَارَقَهَا (صحیح البخاری: 5276)

"Will you return his garden?" She said, "Yes," so she returned it to him, and the Prophet (peace be upon him) ordered Thabit to divorce her.

Any other belongings of the wife, whether purchased by herself, gifted by the husband, in-laws, or her own family, remain her personal property. The in-laws or husband cannot take these items back during Khula.

When someone gives a gift, the ownership transfers to the recipient, and the giver no longer has any claim over it. It is forbidden to take back a gift once given. The Prophet Muhammad (peace be upon him) likened those who take back their gifts to dogs who eat their vomit. Here are a few relevant Hadiths:

1. Ibn Abbas (may Allah be pleased with him) narrated that the Prophet (peace be upon him) said:

“الْعَائِدُ فِي هِبَتِهِ كَالْكَلْبِ يَقِيءُ ثُمَّ يَعُودُ فِي قَيْئِهِ” (صحیح البخاری: 4176)

"The one who takes back his gift is like a dog that vomits and then returns to its vomit."

2. Abdullah ibn Abbas (may Allah be pleased with him) narrated that the Prophet (peace be upon him) said:

“لَيْسَ لَنَا مَثَلُ السَّوْءِ الَّذِي يَعُودُ فِي هِبَتِهِ، كَالْكَلْبِ يَرْجِعُ فِي قَيْئِهِ” (صحیح البخاری: 2622)

"We Muslims should not follow the bad example of the one who takes back his gift, which is like a dog that returns to its vomit."

3. Abdullah ibn Umar and Abdullah ibn Abbas (may Allah be pleased with them) narrated that the Prophet (peace be upon him) said:

“لا يحلُّ لرجلٍ أن يعطيَ عطيةً، أو يهبَ هبةً، فيرجعَ فيها، إلَّا الوالدَ فيما يعطي ولدهُ، ومثَلُ الّذي يعطي العطيَّةَ. ثمَّ يرجعُ فيها كمثلِ الكلبِ يأكلُ، فإذا شبِع قاء ثمَّ عاد في قيئهِ” (صحیح أبی داود: 3539)

"It is not lawful for a man to give a gift or bestow a favor and then take it back, except for a father who gives something to his child. The one who gives a gift and then takes it back is like a dog that eats, and when it is full, it vomits and then returns to its vomit."

The third Hadith indicates that only a father can take back a gift given to his child, as the child’s wealth is considered the father’s wealth. As narrated by Jabir ibn Abdullah (may Allah be pleased with him), a man said:

“يا رسولَ اللَّهِ إنَّ لي مالًا وولدًا وإنَّ أبي يريدُ أن يجتاحَ مالي فقالَ أنتَ ومالُكَ لأبيكَ” (صحیح ابن ماجه: 1869)

"O Messenger of Allah! I have wealth and children, and my father wants to take all my wealth!" The Prophet (peace be upon him) said: "You and your wealth are for your father."

In summary, during Khula, the woman should return only the Mahr to her husband. She can take all her belongings, whether gifted by the husband or his family, back to her own home.

Sheikh Maqbool Ahmed Salafi (may Allah preserve him)

❪Jeddah Dawah Center, Hayy Al-Salamah – Saudi Arabia❫