The husband’s request for the mahr and an additional sum when divorcing his wife by khul’ after beating her
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Question:
Honorable Shaykh, if a man beats his wife with a non-harmful beating and uses ugly words against her, and then she dislikes him and asks for a divorce, is he allowed to demand the mahr he paid and an additional amount, or not? Because he is the cause of her asking for the divorce.
Answer:
If he has a desire for her and wants her, and she wants what she wants, then he may accept the khul’ or accept what she offers him.[Al-Baqarah 2:229] Yes.
As for if he does not want her and has no desire for her, and he only holds onto her in order for her to ransom herself from him, then this is forbidden for him.[An-Nisa 4:19] They have no desire for her, and he only holds onto her in order for her to ransom herself from him, then this is forbidden for him, and it is not permissible for him.
Honorable Shaykh, if a man beats his wife with a non-harmful beating and uses ugly words against her, and then she dislikes him and asks for a divorce, is he allowed to demand the mahr he paid and an additional amount, or not? Because he is the cause of her asking for the divorce.
Answer:
If he has a desire for her and wants her, and she wants what she wants, then he may accept the khul’ or accept what she offers him.
then there is no blame upon either of them concerning
فَلَا جُنَاحَ عَلَيْهِمَا فِيمَاAs for if he does not want her and has no desire for her, and he only holds onto her in order for her to ransom herself from him, then this is forbidden for him.
And do not make difficulties for them in order to take [back] part of what you gave them
وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب القسم — islamhouse.com (1:07:15)
The Arabic text is a machine transcription of the audio recording.