A man proposed to a woman and paid her the mahr, but a dispute arose over one of the conditions. The man conceded and withdrew from the marriage, but the woman's family did not return to him except
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The questioner : A man proposed to a woman and paid the mahr, but a dispute arose over one of the conditions. The man conceded and withdrew from marrying this woman, but the woman's family did not return to him except half of the mahr. Are they sinful for doing so?
The Shaykh : He has the right to this. If he divorced her before seclusion with her and before consummation, he is entitled to half of the mahr.
The questioner : Yes.
The Shaykh : Then, if he forgives her, he is in a good state and earns reward. If he claims it, it is his right.
The questioner : Very well.
The Shaykh : Allah, Blessed and Exalted is He, said:[Al-Baqarah 2:237] If they forgive, the entire mahr is returned to the husband. If the husband forgives, the entire mahr remains with the wife. The matter is up to him and his wife. Yes.
The questioner : Fine. He says.
The Shaykh : He has the right to this. If he divorced her before seclusion with her and before consummation, he is entitled to half of the mahr.
The questioner : Yes.
The Shaykh : Then, if he forgives her, he is in a good state and earns reward. If he claims it, it is his right.
The questioner : Very well.
The Shaykh : Allah, Blessed and Exalted is He, said:
And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it
وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَنْ يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِThe questioner : Fine. He says.