regarding the saying of Allah the Exalted: "... except if they come with a clear lewdness..."
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The questioner : regarding the saying of Allah the Exalted: [An-Nisa 4:19] The issue is that if a man knows of his wife's lewdness, he has the right to oppress her until he takes back his mahr. Does this contradict the story of that Companion who performed li'an with his wife and demanded the mahr, but the Prophet (peace and blessings be upon him) made the money her right?
The Shaykh : The man did not intend to take her back, because li'an had taken place between them and the matter was concluded. However, he intended to recover his money. He does not get his money back, because it is not merely zina. If she were to endure his oppression, she would not care, but if he oppresses her, she will not endure it and will seek to buy her freedom. Yes, he does not get his money back. He gives it to her so she can buy her freedom, though she may not buy her freedom. If we say that zina is a cause that obligates him to recover his money, then mere zina would result in him recovering the money. But if we say that he oppresses her in order to make things difficult for her so that she buys her freedom, we say that perhaps she will endure it and it will not matter to him.
unless they commit a clear immorality
... إلا أن يأتين بفاحشة مبينة ...The Shaykh : The man did not intend to take her back, because li'an had taken place between them and the matter was concluded. However, he intended to recover his money. He does not get his money back, because it is not merely zina. If she were to endure his oppression, she would not care, but if he oppresses her, she will not endure it and will seek to buy her freedom. Yes, he does not get his money back. He gives it to her so she can buy her freedom, though she may not buy her freedom. If we say that zina is a cause that obligates him to recover his money, then mere zina would result in him recovering the money. But if we say that he oppresses her in order to make things difficult for her so that she buys her freedom, we say that perhaps she will endure it and it will not matter to him.
