The Difference Between the Divorce Gift and Financial Maintenance for the Divorced Woman
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, a questioner asks: What is the difference between muta'ah and nafaqah? And does a woman divorced with a final divorce have a right to muta'ah?
The Shaykh:
Mut'ah is what is given to a divorced woman. If she was divorced before consummation and no mahr was stipulated for her, then she is entitled to mut'ah, meaning she is given some money. However, if a mahr was stipulated for her, she is entitled to half of it, as He the Exalted said:[Al-Ahzab 33:49] and He the Exalted said: [Al-Baqarah 2:236]. So mut'ah is for the woman divorced before consummation for whom no mahr was stipulated.
The questioner:
And he asks, may Allah reward you: Does a woman divorced with a final divorce have a right to muta'ah?
The Shaykh:
If it was before consummation, yes. If it was before consummation and no mahr was specified for her, she is given the muta'ah. Yes.
The presenter:
May Allah reward you, Honorable Shaykh.
The Shaykh:
If she is divorced after consummation, she is entitled to the full mahr. And if no mahr was specified for her, she is entitled to the mahr of a similar woman, based on what was made lawful of her private parts.
The presenter:
May Allah reward you
Honorable Shaykh, a questioner asks: What is the difference between muta'ah and nafaqah? And does a woman divorced with a final divorce have a right to muta'ah?
The Shaykh:
Mut'ah is what is given to a divorced woman. If she was divorced before consummation and no mahr was stipulated for her, then she is entitled to mut'ah, meaning she is given some money. However, if a mahr was stipulated for her, she is entitled to half of it, as He the Exalted said:
divorce them before you have touched them
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 [a gift of] compensation - the wealthy according to his capability and the poor according to his capability
لَّا جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدَرُهُThe questioner:
And he asks, may Allah reward you: Does a woman divorced with a final divorce have a right to muta'ah?
The Shaykh:
If it was before consummation, yes. If it was before consummation and no mahr was specified for her, she is given the muta'ah. Yes.
The presenter:
May Allah reward you, Honorable Shaykh.
The Shaykh:
If she is divorced after consummation, she is entitled to the full mahr. And if no mahr was specified for her, she is entitled to the mahr of a similar woman, based on what was made lawful of her private parts.
The presenter:
May Allah reward you
Source
75-اللقاء الأسبوعي مع الشيخ صالح الفوزان - 29 — archive.org (38:25)
The Arabic text is a machine transcription of the audio recording.