Returning the full mahr in khul'
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success, a woman requested khul' (divorce at the wife's request for compensation) from her husband because of his bad treatment of her, and he agreed to it. The question is: is she required to return the full mahr (bridal gift) to him?
The Shaykh:
What is required of her?
The questioner:
Is she required to return the full mahr to him?
The Shaykh:
She has earned the mahr through consummation. If she divorces him in exchange for the mahr he gave her, she gives it to him; if she divorces him in exchange for more than that, she gives it to him; if she divorces him in exchange for less, she gives it to him. She gives him what they agree upon,[Al-Baqarah 2:229], in what she ransomed herself with. It is not specified as little or much, but it is better that he does not take more than what he gave her. It is better that he does not take more than what he gave her. Yes.
Honorable Shaykh, may Allah grant you success, a woman requested khul' (divorce at the wife's request for compensation) from her husband because of his bad treatment of her, and he agreed to it. The question is: is she required to return the full mahr (bridal gift) to him?
The Shaykh:
What is required of her?
The questioner:
Is she required to return the full mahr to him?
The Shaykh:
She has earned the mahr through consummation. If she divorces him in exchange for the mahr he gave her, she gives it to him; if she divorces him in exchange for more than that, she gives it to him; if she divorces him in exchange for less, she gives it to him. She gives him what they agree upon,
there is no blame upon either of them concerning that by which she ransoms herself
فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ
Source
شرح إغاثة اللهفان من مصائد الشيطان لابن القيم، فصل في القلب الميت — islamhouse.com (1:16:17)
The Arabic text is a machine transcription of the audio recording.