And how does divorce occur in khul‘? And Allah the Exalted has said in Surah al-Baqarah «ولا يحل لكم أن تأخذوا مما آتيتموهن شيئا‏» : "And it is not lawful for you (the husbands) to take back anything of what you have given them (your wives), except when both fear that they will not be able to keep within the limits set by Allah." ‘Umar (may Allah be pleased with him) considered khul‘ permissible. There is no need for the order of a ruler or judge in this. And ‘Uthman (may Allah be pleased with him) said that if a woman seeks khul‘ in exchange for all her wealth, leaving only the thread with which her dress is tied, even then khul‘ is valid. Tawus said that «إلا أن يخافا أن لا يقيما حدود الله‏» means that when the wife and husband are unable to fulfill their respective duties related to good companionship and living together (then khul‘ is permissible). Tawus did not say, like those foolish people, that khul‘ is only permissible when the woman says, "I will not perform ghusl from janabah or menstruation."

Narrated Ibn `Abbas: The wife of Thabit bin Qais came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allah's Apostle said (to her), "Will you give back the garden which your husband has given you (as Mahr)?" She said, "Yes." Then the Prophet said to Thabit, "O Thabit! Accept your garden, and divorce her once."