Laws of Surah Baqarah V.237

بسم الله الرحمن الرحيم

وَإِن طَلَّقۡتُمُوهُنَّ مِن قَبۡلِ أَن تَمَسُّوهُنَّ وَقَدۡ فَرَضۡتُمۡ لَهُنَّ فَرِيضَةً۬ فَنِصۡفُ مَا فَرَضۡتُمۡ إِلَّآ أَن يَعۡفُونَ أَوۡ يَعۡفُوَاْ ٱلَّذِى بِيَدِهِۦ عُقۡدَةُ ٱلنِّكَاحِ‌ۚ وَأَن تَعۡفُوٓاْ أَقۡرَبُ لِلتَّقۡوَىٰ‌ۚ وَلَا تَنسَوُاْ ٱلۡفَضۡلَ بَيۡنَكُمۡ‌ۚ إِنَّ ٱللَّهَ بِمَا تَعۡمَلُونَ بَصِيرٌ (٢٣٧)

“If you divorce them before you have touched them, while you have already fixed for them an amount (of dower), then there is one half of what you have fixed, unless they (the women) forgive, or forgives the one in whose hand lies the marriage tie, and it is closer to Taqwa (righteousness) that you forgive, and do not forget to be graceful to one another. Surely, Allah is watchful of what you do. (237)”

Ruling: If the mahr was stipulated and the husband divorces his wife before having intercourse or khalwa sahiha, he would need to give half of the mahr. The wife has the choice to abandon her right, meaning to absolve the man of having to pay half of the mahr that remains. The man has the choice to abandon his right, meaning to give the divorced wife the full mahr that was originally stipulated, or not asking for half of the mahr back if he had already handed it over to her. Allah then says that for the man to leave his right and give her the full mahr is closer to taqwa. (Tafsir Uthmani V1 pg 251)

Ruling: If the mahr was stipulated and the marriage consummated or khalwa sahiha occurred, the whole mahr will have to be handed over to the wife. (Tafsir Uthmani V1 pg 252)

Ruling: If the mahr was not fixed, but the husband had sexual intercourse with the wife or khalwa sahiha, the entire mahr mithl will be given. Mahr mithl is the mahr that a woman from the wife’s family usually receives. (Tafsir Uthmani V1 pg 252)

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