Al-Mubarat (disavowing) or Divorce for Payment

“I once asked him (the Imam) (a.s.), about al-Mubarat and about how it takes place. He (the Imam) said, ’It happens when a man owes something to his wife like mahr (dower) or so, of which a certain amount is paid to her, then they dislike each other. The woman says to her husband, ‘Whatever I have received from you is for me and whatever remains on you will be for you and I want to be free (from the bond of marriage).’ The man then says to her, ‘If you will demand from me whatever you have waved, I will be more rightful to have you as my wife.’” (In al-KhuV dislike is from the woman only but in al-Mubarat the dislike is from both wife and husband).

“Abu Ja‘far (a.s.), has said that in al-Mubarat (disavowing) he can receive an amount which is less than mahr (dower) but in al-Khul ‘ he can receive whatever he wants or on what both parties agree, like the amount of mahr (dower) or more. In al-Mubarat (disavowing) she pays less than mahr (dower) and in al-Khul ‘ he can receive whatever he likes, it is because of her transgressing in her statements of what is not lawful for her to say.’”

“Abu ‘Abd Allah (a.s.), has said that if a woman demands for divorce in the manner of al- Mubarat (disavowing) it is a divorce only once, because of which he becomes one of those who can propose marriage with her.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a woman who says to her husband, ‘So and so amount is for you to set me free (from the bonds of marriage). He (the Imam) said, ‘This is al-Mubarat (disavowing).”’

“Abu ‘Abd Allah (a.s.), has said that al-Mubarat (disavowing) takes place when a woman says to her husband, ‘Whatever you owe to me is for you and set me free (from the bond of marriage).’ Or she pays extra from her side so he sets her free, except that he can say that if she goes back in anything, then he will be more rightful to have her as his wife. It is not lawful for her husband to take more than what is equal to her mahr (dower) or less.’”

“Abu ‘Abd Allah (a.s.), has said that in al-Mubarat (disavowing) a woman says to her husband, ’You can have whatever you owe to me and free me (from the bonds of marriage). He then sets her free (from the bonds of marriage).’ I (the narrator) then asked, ’Will he then say to her, "If you demand anything back then I will have more right than anyone else to have you as my wife”?’ He (the Imam) said, ‘Yes, he can say so.’”

“I once asked al-Rida’ (a.s.), about the case of a woman who arranges al-Mubarat (disavowing) or al-Khul ‘ in the presence of two witnesses, in a Hayd (menses)-free period and without sexual intercourse; if she becomes stranger to him. He (the Imam) said, ’Yes, if it happens as you said has happened.’ I then said, ‘It is narrated to us that it does not make them to become stranger until it is followed by divorce.’ He (the Imam) said, ‘It then is not al-KhuV.’ I then asked, ‘Does it make her to become stranger to him?’ He said, ‘Yes, that is what it does.’”

“I once asked abu ‘Abd Allah (a.s.), if al-Mubarat (disavowing) or al-Khul‘ can take place without Hayd (menses)-free period. He (the Imam) said, ‘It cannot take place without Hayd (menses)- free period.’”

“Abu ‘Abd Allah (a.s.), has said that no divorce, choice or al-Mubarat (disavowing) can take place without Hayd (menses)-free period, free from sexual intercourse and without the presence of witnesses.’”

“Abu Ja’far (a.s.), has said, ‘Divorce, al-Khul‘ , al-Mubarat (disavowing) and choice are only valid during a Hayd (menses)-free period in which sexual intercourse has not happened.’”