Giving up the Khul` consideration does not make divorce ineffective
Q:
I married my cousin, but we separated by means of Khul` (divorce at the request of the wife in return for compensation to the husband) in return for an agreed-upon sum of money. I waived the money as indicated in the Khul` document.
She has not remarried since I granted her divorce. Now it is my desire and hers as well to take her back in marriage with a new Mahr (mandatory gift to a bride from her groom). Please inform me of your Fatwa (legal opinion issued by a qualified Muslim scholar) in this regard. The Khul` document states that the consideration offered for Khul` has to be paid by the wife's brother after two years from the date of divorce, unless the wife remarries in which case the consideration will have to be paid instantly. (Part No. 19; Page No. 405) A rider issued on 16/3/1390 A.H states that the husband waives his right to receive the consideration.
A: First,
the divorce granted by the husband to his wife in return for consideration is considered a minor irrevocable divorce (a divorce, after which the man may remarry his irrevocably divorced ex-wife with a new mandatory bride gift and contract), which is not affected by the fact that the husband has waived the consideration.
Second,
it is permissible for the husband to marry his divorcee by concluding a new marriage contract and paying her a new Mahr at her consent provided that he has not divorced her twice before. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.