You said that the husband might demand a ransom, for example, a sum of money that this family cannot afford.
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The questioner : You said that the husband might demand a ransom, for example, a sum of money that this family cannot afford. Is the husband allowed to demand something other than what he paid to this family, or a mahr for this woman?
The Shaykh : There is a disagreement among the scholars regarding this issue: is it permissible for the husband to demand from his wife more than what he gave her? Some hold that it is permissible, based on the generality of the statement of Allah the Exalted:[Al-Baqarah 2:229] and . This is a relative pronoun, and relative pronouns imply generality.
The questioner : Yes.
The Shaykh : It encompasses whatever she ransomed herself with. Others say no, it is not permissible to take more than what he gave her, because that is injustice, especially since he has already made her private parts lawful and enjoyed her. How can he take from her money more than what he gave her? The Prophet (peace and blessings be upon him) said to Thabit ibn Qays:Sahih al-Bukhari 5273 This indicates that it is not befitting for a man to take more than what he gave her. The well-known position in the Hanbali school is that it is disliked to take more than what he gave her.
The questioner : Yes.
The Shaykh : However, this is also restricted to the case where she is the cause of the separation.
The questioner : Yes.
The Shaykh : As for when he is the cause, such that he mistreated her and denied her her rights, causing her to be fed up and seek a divorce, then this is not permissible.
The questioner : Yes.
The Shaykh : Yes, it is not permissible in any case, whether a small amount or a large one.
The questioner : Yes, his third question.
The Shaykh : There is a disagreement among the scholars regarding this issue: is it permissible for the husband to demand from his wife more than what he gave her? Some hold that it is permissible, based on the generality of the statement of Allah the Exalted:
there is no blame upon either of them concerning that by which she ransoms herself
فلا جناح عليهما فيما افتدت بهnot
ماThe questioner : Yes.
The Shaykh : It encompasses whatever she ransomed herself with. Others say no, it is not permissible to take more than what he gave her, because that is injustice, especially since he has already made her private parts lawful and enjoyed her. How can he take from her money more than what he gave her? The Prophet (peace and blessings be upon him) said to Thabit ibn Qays:
Accept your garden, and divorce her once.
اقبل الحديقة وطلقها تطليقةThe questioner : Yes.
The Shaykh : However, this is also restricted to the case where she is the cause of the separation.
The questioner : Yes.
The Shaykh : As for when he is the cause, such that he mistreated her and denied her her rights, causing her to be fed up and seek a divorce, then this is not permissible.
The questioner : Yes.
The Shaykh : Yes, it is not permissible in any case, whether a small amount or a large one.
The questioner : Yes, his third question.