The Difference Between Divorce and Khula

Question
A woman was divorced by her husband twice. In the second instance, she requested khula and waived her deferred and immediate rights, offering to return the gifts he had given her, so that her divorce would be termed khula. However, he did not accept and divorced her again. Does this divorce count as khula since she waived her rights?
Answer
I say, and with God's help: Khula' (divorce by mutual consent) occurs by agreement between the spouses, where the divorce is compensated by money, for example. If the divorce occurs without mutual consent on that, it is not considered Khula', and God knows best.
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