He says: It happened that I proposed to one of my female relatives, and her family agreed, and I contracted the marriage with her. The period between the marriage contract and the wedding was long.
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The questioner : He says: It happened that I proposed to one of my female relatives, and her family agreed, and I contracted the marriage with her. The period between the marriage contract and the wedding was very long, and in a moment of weakness, I divorced her. I hope you will inform me whether the divorce takes effect in this case, knowing that I spoke the words of divorce secretly in my heart?
The Shaykh : Yes, the divorce takes effect on her, and she is divorced from you with no waiting period, as long as you have not consummated the marriage or been alone with her. This is based on the saying of Allah the Exalted:[Al-Ahzab 33:49] Accordingly, the divorce is final, and you have no right to take her back except through a new contract. In this case, she is entitled to half of the specified mahr, whether it has been paid or promised, if you had designated a specific mahr. She is entitled to half the mahr based on the saying of Allah the Exalted: [Al-Baqarah 2:237] However, if you did not specify a mahr for her and did not pay her anything, it is obligatory for you to give her a gift according to your means, whether you are wealthy or poor. And Allah knows best.
The questioner : May Allah reward you with good.
The Shaykh : Yes, the divorce takes effect on her, and she is divorced from you with no waiting period, as long as you have not consummated the marriage or been alone with her. This is based on the saying of Allah the Exalted:
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them
يَا أَيُّهَا الَّذِينَ ءامَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَاAnd 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 : May Allah reward you with good.