Is it permissible for a husband to demand more from his wife than the mahr he paid for the purpose of khul'?
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The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
, O honorable one,The Shaykh : In the case of khul' requested by the wife, if the husband demands more than the mahr paid to her, is that permissible? Knowing that she is unable to pay anything other than the mahr?
The Shaykh : Yes, this issue, which I mean the husband demanding more than what he gave the woman in khul', was permitted by some scholars, who cited the generality of the saying of Allah the Exalted:[Al-Baqarah 2:229] and did not specify a limit. And some scholars say: It is not permissible for him to take more than what he gave her, and that the meaning of the verse [Al-Baqarah 2:229] is what he gave her, and do not burden her with anything she did not bring. And in the husband demanding more than what he gave her, there is 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, but to profit from her, no. And the well-known position in the Hanbali school is the middle ground between prohibition and permissibility, where they said: It is disliked (makruh) for him to demand from her more than what he gave her.
And what is befitting for a person is to fear Allah (Mighty and Majestic). So if the fault is with the woman, there is no blame on him if he demands whatever he wishes. But if the shortcoming is from him, and the woman is tired of staying with him because of his shortcoming, then let him lighten the burden and be content with what is easy. Then there is also a difference between the wealthy woman and the poor woman; this is also something the husband should consider. Yes.
, O honorable one,The Shaykh : In the case of khul' requested by the wife, if the husband demands more than the mahr paid to her, is that permissible? Knowing that she is unable to pay anything other than the mahr?
The Shaykh : Yes, this issue, which I mean the husband demanding more than what he gave the woman in khul', was permitted by some scholars, who cited 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 بِهِthere is no blame upon either of them concerning that by which she ransoms herself
فَلا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِSo at the very least, he should take only what he gave her, but to profit from her, no. And the well-known position in the Hanbali school is the middle ground between prohibition and permissibility, where they said: It is disliked (makruh) for him to demand from her more than what he gave her.
And what is befitting for a person is to fear Allah (Mighty and Majestic). So if the fault is with the woman, there is no blame on him if he demands whatever he wishes. But if the shortcoming is from him, and the woman is tired of staying with him because of his shortcoming, then let him lighten the burden and be content with what is easy. Then there is also a difference between the wealthy woman and the poor woman; this is also something the husband should consider. Yes.