Evidence for the permissibility of the husband taking the mahr in the case of the woman requesting divorce.
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The Shaykh : This man’s wife disliked him and asked the Prophet (peace and blessings be upon him) to release her from him. He said to her: Why did he order him to divorce her? Because she disliked him and desired to be separated from him. So if you see from your wife that she dislikes staying with you and does not desire to stay with you, then it is better for you and for her that you divorce her. If you leave her and her wealth, that is better for you. And if you take the mahr that you gave her, it is yours; you are allowed to ask for it. So is the original ruling in divorce the preference?
The student: ...
The Shaykh : Do not pay attention to that, may Allah bless you.
The student: ...
The Shaykh : Okay, rest. The original ruling in divorce is that it is disliked, but if the woman desires it, we tell the man: it is recommended for you to divorce her. Okay.
Will you return his garden to him? She said: Yes, O Messenger of Allah. So the Prophet (peace and blessings be upon him) said to Thabit: Take the garden and divorce her with one divorce.
أتردّين عليه حديقته؟ قالت: نعم يا رسول الله، فقال النبي صلى الله عليه وسلم: لثابت: خذ الحديقة وطلّقها تطليقةThe student: ...
The Shaykh : Do not pay attention to that, may Allah bless you.
The student: ...
The Shaykh : Okay, rest. The original ruling in divorce is that it is disliked, but if the woman desires it, we tell the man: it is recommended for you to divorce her. Okay.