Ruling on the husband demanding more money than he gave the woman in the case of khul'
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Ruling on the husband demanding more money than he gave the woman in the case of khul'
In the case of khul' requested by the wife, if the husband demands more than the mahr paid to her, is that permissible? Given that she is unable to pay anything other than the mahr?
This issue, which I mean the husband demanding more than he gave the woman in the case of khul', was permitted by some scholars,And he argued with the generality of the saying of Allah the Exalted: [al-Baqarah:229] .
And some scholars said: It is not permissible for him to take more than what he gave her,And that the meaning of the verse is: [al-Baqarah:229] what he gave her, and do not burden her with anything he did not give her, and the husband demanding more than what he gave her involves some harm to her; because the man made her private parts lawful for himself and she became entitled to the mahr by making her private parts lawful for him, so at the very least he should take only what he gave her, as for him profiting from her, that is not allowed, and the well-known position in the Hanbali school is the middle ground between prohibition and permissibility, where they said: It is disliked for him to demand from her more than what he gave her.
And what a person should do is fear Allah (Mighty and Majestic), so if the fault lies with the woman, there is no blame on him for demanding whatever he wishes, but if the shortcoming is his, and the woman is tired of staying with him because of his shortcoming, let him be lenient and be content with what is easy for her, and there is also a difference between the wealthy woman and the poor woman, and this is also something the husband should take into consideration.
In the case of khul' requested by the wife, if the husband demands more than the mahr paid to her, is that permissible? Given that she is unable to pay anything other than the mahr?
This issue, which I mean the husband demanding more than he gave the woman in the case of khul', was permitted by some scholars,And he argued with the generality of the saying of Allah the Exalted:
But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself
فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِAnd some scholars said: It is not permissible for him to take more than what he gave her,And that the meaning of the verse is:
there is no blame upon either of them concerning that by which she ransoms herself
فَلا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِAnd what a person should do is fear Allah (Mighty and Majestic), so if the fault lies with the woman, there is no blame on him for demanding whatever he wishes, but if the shortcoming is his, and the woman is tired of staying with him because of his shortcoming, let him be lenient and be content with what is easy for her, and there is also a difference between the wealthy woman and the poor woman, and this is also something the husband should take into consideration.