Does the mahr become fixed by khalwah, and what is meant by the saying of Allah the Exalted: “And if you divorce them before you touch them”?
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The questioner : Does the mahr become fixed by khalwah alone?
The Shaykh : Yes.
The questioner : What is the saying of Allah the Exalted:[Al-Baqarah 2:237]?
The Shaykh : The Rightly Guided Caliphs said that if a man is alone with his wife and draws the curtain between them, the rulings of intercourse are established by that, because he has made lawful from her what is not permissible except for the husband. There is also an opinion, as you mentioned, that it does not occur except through intercourse, as is the apparent meaning of the verse. However, since the Rightly Guided Caliphs hold this opinion, their opinion is the stronger one.
The questioner : Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and all his Companions. The author (may Allah have mercy on him) said in the chapter on the bridal gift: “And if the two spouses or their heirs differ regarding the amount of the bridal gift, its specific item, or what fixes it, or regarding its possession, the husband’s word is accepted, and the wife’s word is accepted regarding its possession.”
The Shaykh : Yes.
The questioner : What is the saying of Allah the Exalted:
And if you divorce them before you have touched them
وإن طلقتموهن من قبل أن تمسوهنThe Shaykh : The Rightly Guided Caliphs said that if a man is alone with his wife and draws the curtain between them, the rulings of intercourse are established by that, because he has made lawful from her what is not permissible except for the husband. There is also an opinion, as you mentioned, that it does not occur except through intercourse, as is the apparent meaning of the verse. However, since the Rightly Guided Caliphs hold this opinion, their opinion is the stronger one.
The questioner : Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and all his Companions. The author (may Allah have mercy on him) said in the chapter on the bridal gift: “And if the two spouses or their heirs differ regarding the amount of the bridal gift, its specific item, or what fixes it, or regarding its possession, the husband’s word is accepted, and the wife’s word is accepted regarding its possession.”