The Meaning of the Statement of Allah the Exalted: "And for those who are divorced, a provision according to what is customary"
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Question:
Honorable Shaykh, what is the meaning of the statement of the Exalted:[Al-Baqarah 2:241]
Answer:
We said that it is possible that the general term "divorced women" includes both those for whom a mahr was specified and those for whom it was not, and it is possible that it is specific to those for whom no mahr was specified.
Some scholars hold that every divorced woman is entitled to a gift, even if a mahr was specified for her, due to the generality of the verse. Some say, "No, this is specific to those for whom no mahr was specified," based on the verse preceding it:[Al-Baqarah 2:237], and Allah the Exalted said: [Al-Baqarah 2:236], the verse regarding the one for whom nothing was given. Thus, it explains the verse that follows it, which states that divorced women are to be given a gift in the proper manner. Yes.
Honorable Shaykh, what is the meaning of the statement of the Exalted:
And for divorced women is a provision according to what is acceptable - a duty upon the righteous.
وَلِلْمُطَلَّقَاتِ مَتَاعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَAnswer:
We said that it is possible that the general term "divorced women" includes both those for whom a mahr was specified and those for whom it was not, and it is possible that it is specific to those for whom no mahr was specified.
Some scholars hold that every divorced woman is entitled to a gift, even if a mahr was specified for her, due to the generality of the verse. Some say, "No, this is specific to those for whom no mahr was specified," based on the verse preceding it:
And if you divorce them before you have touched them
وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّThere is no blame upon you if you divorce women you have not touched nor specified for them an obligation. But give them
لَّا جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى
Source
قناة «العلامة الدكتور صالح الفوزان»، 52 من 89|شرح العدة في شرح العمدة|كتاب الصداق|صالح الفوزان|الفقه|كبار العلماء — youtube.com (36:11)
The Arabic text is a machine transcription of the audio recording.