If a husband and wife quarrel and it ends in divorce, is it permissible for the wife's guardian to return to the husband any part of the mahr he gave her?
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The questioner : If a quarrel occurs between the husband and wife and it ends in divorce, is it permissible for the wife's guardian to return to the husband any part of the mahr he gave her?
The Shaykh : If a man divorces his wife, he has no right to the mahr if he has had seclusion with her or had intercourse with her. If he divorces her before that, meaning before intercourse or seclusion has taken place, he is entitled to half the mahr, based on the saying of Allah, Blessed and Exalted is He:[Al-Baqarah 2:237].
However, both the husband and the wife may forgive the other and be lenient with them, especially if necessity requires it. For example, if a man divorces after consummation, meaning after intercourse or after seclusion, he has no right to the mahr. But if the woman agrees to give him some of the mahr to soothe his heart, there is no blame on her. Likewise, if a man divorces before consummation and seclusion and forgives his half, there is no blame on him.
The questioner : May Allah bless you.
The Shaykh : If a man divorces his wife, he has no right to the mahr if he has had seclusion with her or had intercourse with her. If he divorces her before that, meaning before intercourse or seclusion has taken place, he is entitled to half the mahr, based on the saying of Allah, Blessed and Exalted is He:
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 النِّكَاحِHowever, both the husband and the wife may forgive the other and be lenient with them, especially if necessity requires it. For example, if a man divorces after consummation, meaning after intercourse or after seclusion, he has no right to the mahr. But if the woman agrees to give him some of the mahr to soothe his heart, there is no blame on her. Likewise, if a man divorces before consummation and seclusion and forgives his half, there is no blame on him.
The questioner : May Allah bless you.