The ruling on a husband’s claim against a third party after consummation
Machine translationRead the Arabic original
Question:
The Shaykh: If the husband has consummated the marriage with his wife, the full mahr becomes due to the wife. So if a separation occurs between the two spouses due to a third party, does the husband have a claim against that third party?
Answer:
Yes. If this is regarding the half before consummation, it is the same for the mahr after consummation. Yes. Honorable Shaykh. Or is it said that before consummation he took the half, he took the half because he did not enjoy her, whereas after consummation he has fully enjoyed her, he has fully enjoyed her, and the mahr is in exchange for enjoyment, so he has no claim, even if the cause was a third party, he has no claim. This is the weak position, that he has no claim, because the mahr became due for enjoyment and he has already enjoyed her.
The Shaykh: If the husband has consummated the marriage with his wife, the full mahr becomes due to the wife. So if a separation occurs between the two spouses due to a third party, does the husband have a claim against that third party?
Answer:
Yes. If this is regarding the half before consummation, it is the same for the mahr after consummation. Yes. Honorable Shaykh. Or is it said that before consummation he took the half, he took the half because he did not enjoy her, whereas after consummation he has fully enjoyed her, he has fully enjoyed her, and the mahr is in exchange for enjoyment, so he has no claim, even if the cause was a third party, he has no claim. This is the weak position, that he has no claim, because the mahr became due for enjoyment and he has already enjoyed her.
Source
رجوع الزوج على أجنبي تسبب في فسخ زواجه — alfawzan.live
The Arabic text is a machine transcription of the audio recording.