If a woman requests annulment due to a defect in the husband before consummation and seclusion, we tell her she is entitled to half the mahr, based on the verse: “And if you divorce them…”
Machine translationRead the Arabic original
The questioner : We said that if the defect is in the husband.
The Shaykh : Yes.
The questioner : If the annulment is from her and the defect is in the husband, he owes her half the mahr before consummation and seclusion.
The Shaykh : How?
The questioner : If the annulment is from her and the defect is in the husband before consummation and seclusion… half the mahr.
The Shaykh : Yes, indeed.
The questioner : And we cited the verse as evidence.
The Shaykh : Yes.
The questioner : If it were said to us, “O Shaykh, the verse is evidence against us, not for us, because Allah the Exalted said The actor is the husband… and here the divorce is from the husband…”
The Shaykh : Cancel the contract.
The questioner : The annulment… is for her, so no mahr?
The Shaykh : Yes, but he deceived her, so he is like the one who divorced her.
The questioner : So this is a matter of discipline, O Shaykh?
The Shaykh : Yes, it is a matter of discipline and a matter of reality, because when he was the cause, it became as if he were the actor. The cause of her annulment is that he had a concealed defect.
The questioner : But she did not lose out; rather, she is the one who gained?
The Shaykh : Yes?
The questioner : She has not lost out, rather she is the one who gained…
The Shaykh : No, absolutely not, she lost out, because when a marriage contract is made for a woman, she becomes less desirable. Yes?
The Shaykh : Yes.
The questioner : If the annulment is from her and the defect is in the husband, he owes her half the mahr before consummation and seclusion.
The Shaykh : How?
The questioner : If the annulment is from her and the defect is in the husband before consummation and seclusion… half the mahr.
The Shaykh : Yes, indeed.
The questioner : And we cited the verse as evidence.
The Shaykh : Yes.
The questioner : If it were said to us, “O Shaykh, the verse is evidence against us, not for us, because Allah the Exalted said
And if you divorce them
وإن طلّقتموهنThe Shaykh : Cancel the contract.
The questioner : The annulment… is for her, so no mahr?
The Shaykh : Yes, but he deceived her, so he is like the one who divorced her.
The questioner : So this is a matter of discipline, O Shaykh?
The Shaykh : Yes, it is a matter of discipline and a matter of reality, because when he was the cause, it became as if he were the actor. The cause of her annulment is that he had a concealed defect.
The questioner : But she did not lose out; rather, she is the one who gained?
The Shaykh : Yes?
The questioner : She has not lost out, rather she is the one who gained…
The Shaykh : No, absolutely not, she lost out, because when a marriage contract is made for a woman, she becomes less desirable. Yes?