If a woman includes a one-month option in the marriage contract and then requests annulment, how is the mahr handled?
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The questioner : Shaykh, you did not clarify the previous issue. Did you clarify it or not?
The Shaykh : And what is it?
The questioner : We said that a woman may request a one-month option, for example, saying, "I have the option for one month after the marriage."
The Shaykh : These are conditions in the marriage contract.
The questioner : Yes, so do we say that during this month, if the month ends and she decides at the end of the month to annul the marriage?
The Shaykh : After the month ends, she does not have this right.
The questioner : Before the end of the month.
The Shaykh : She has that right.
The questioner : And how is the mahr handled, especially since he may have already consummated the marriage?
The Shaykh : Yes, it is recommended that if they stipulate an option, they should not enjoy her, as we said regarding the case of selling a camel with an option stipulated; one should not use it, and it remains until it becomes clear whether this or that is the case. So we say now, as long as she has the option, he should not approach her. If he has already consummated the marriage, she has the option to say, "I want to annul the marriage," and the marriage is annulled.
The questioner : Is it called divorce?
The Shaykh : No, it is not called divorce; it is called annulment. Yes?
The Shaykh : And what is it?
The questioner : We said that a woman may request a one-month option, for example, saying, "I have the option for one month after the marriage."
The Shaykh : These are conditions in the marriage contract.
The questioner : Yes, so do we say that during this month, if the month ends and she decides at the end of the month to annul the marriage?
The Shaykh : After the month ends, she does not have this right.
The questioner : Before the end of the month.
The Shaykh : She has that right.
The questioner : And how is the mahr handled, especially since he may have already consummated the marriage?
The Shaykh : Yes, it is recommended that if they stipulate an option, they should not enjoy her, as we said regarding the case of selling a camel with an option stipulated; one should not use it, and it remains until it becomes clear whether this or that is the case. So we say now, as long as she has the option, he should not approach her. If he has already consummated the marriage, she has the option to say, "I want to annul the marriage," and the marriage is annulled.
The questioner : Is it called divorce?
The Shaykh : No, it is not called divorce; it is called annulment. Yes?