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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A pregnant woman requested divorce from her husband on the grounds that she had not lived with him in luxury; is the husband entitled to demand the return of the mahr?

Machine translationRead the Arabic original
The questioner : A questioner says: May the Shaykh be respected, I came from a distant place hoping to find an answer to my question. I got married, and the wife requested divorce on the grounds that she had not lived in luxury, because I am a young student of modest means. Her request for divorce was out of place, and I do not want the divorce because she is pregnant. My Shaykh, if she requests divorce, is it my right to reclaim the mahr? Also, the mahr came from the charity of people. After receiving it, may I dispose of it, or must I return it to the parties from whom I took it, even though I am in debt, and my debts are known only to Allah? Please advise me, and may Allah reward you.

The Shaykh : I say: If patience is possible and not responding to her request, that is better, for two reasons:
The first reason is that some women, when they become pregnant, develop a dislike for their husband, hating him even if they have been with him for years. So let him be patient with her until the pregnancy passes, and perhaps she will return to her natural state and what is in her heart will disappear.
Likewise, perhaps with time, and when she gives birth and realizes that she must now remain with her husband, what is in her heart may disappear.
So I see that if he was pleased with her character and religion, I see that he should be patient with her and make things easy for her until matters settle down. After the delivery, it will be seen; if it is not possible to remain together, there is no harm in him seeking his right, because the wife of Thabit ibn Qays (may Allah be pleased with him) came to the Prophet (peace and blessings be upon him) and said to him:
O Messenger of Allah! There is no fault in Thabit ibn Qays in character or religion—he is of good character and religion, and he is one of those for whom the Messenger (peace and blessings be upon him) testified to Paradise—but I dislike disbelief in Islam, meaning: I cannot bear it. So he said to her: Will you return his garden to him? She said: Yes. So he called him and said to him: Take the garden and divorce her. So he took it and divorced her. يا رسول الله! ثابت بن قيس ما أعيب عليه في خلق ولا دين - خلوق ودين وهو ممن شهد له الرسول بالجنة عليه الصلاة والسلام - ولكني أكره الكفر في الإسلام، يعني : ماا أطيقه، فقال لها : أتردين عليه حديقته ؟ قالت : نعم، فدعاه وقال له : خذ الحديقة وطلقها، فأخذها وطلقها
. So my advice to this man is to wait until she gives birth, and perhaps the circumstances will change as long as he was pleased with her religion and character. And if the situation does not improve, there is no blame on him in seeking his right, which he gave her entirely in the form of gifts, the bridal gift, and other things. And if it is returned to him, it is his, because he took it by right, and if he took it by right, he owns it. So when he took it for the marriage, it was his, and if it is returned to him, it is his. He is not obligated to return it to the one from whom he took it. Yes.
Source alathar.net

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

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