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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on khul' before consummation, with an explanation of the amount of the fidyah

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A man contracted marriage with a woman and did not consummate it; she was willing at the time of the contract, but afterwards, before he consummated it, she asked her guardian to order him to divorce her, and the husband agreed to give her one hundred thousand riyals. What is the ruling, given that he did not give her anything?
This is called khul', so he may seek a divorce from her even before consummation. However, his demanding this fidyah is undoubtedly an error on his part.For this reason, some of the scholars of knowledge said: It is not permissible for the husband to demand a fidyah from the wife except in an amount equal to what he gave her or less.For example: If he gave her a dowry of one hundred thousand and demanded one hundred thousand, that is permissible, because no harm has come to her. But if he gave her a dowry of one thousand and demanded two thousand, some scholars say: It is not permissible for him to do that, and he is not to be given two thousand; he is to be given only the amount he gave.This returns to their disagreement regarding the saying of Allah the Exalted:
there is no blame upon either of them concerning that by which she ransoms herselfفَلا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ
[al-Baqarah: 229] Does the meaning refer to "what you ransom her with" in an absolute sense, or to "what you ransom her with" from the dowry he gave her? It should be referred to the opinion of the judge who handles this matter. If he sees it in the public interest to separate them and give the husband only what he gave, let him do so, based on the saying of the Prophet (peace and blessings be upon him) to the wife of Thabit: "Will you return his garden to him?"
Source shamela.ws

The Arabic text is copied verbatim from the original source, without any edits.

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