The equivalent mahr becomes fixed upon consummation, and if he divorces her during the waiting period, there is no consolation gift. If they separate in a defective marriage before consummation and seclusion, there is no mahr; after either of them, the specified mahr becomes obligatory.
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The Shaykh :"The equivalent mahr becomes fixed upon consummation" means that if he consummates the marriage with this woman whom he married and did not specify a mahr for her, the mahr becomes fixed. But what does she receive? She receives the equivalent mahr. We have previously explained the meaning of the equivalent mahr. "And if he divorces her after that, there is no consolation gift". If he divorces her after consummation, there is no consolation gift. Why? Because the mahr suffices. If he divorces her after consummation, the mahr becomes fixed: if it was specified, it is the specified amount; if it was not specified, it is the equivalent mahr. Accordingly, the consolation gift is obligatory upon whom? Upon the one who divorces before consummation and did not specify a mahr for her. If he divorces after consummation, what happens? There is no mahr [consolation gift]. If he divorces before consummation and did not specify a mahr for her, he owes the consolation gift. Okay, clear, if Allah wills. He said, may Allah have mercy on him, "And if he divorces her after that, there is no consolation gift". Also, if he divorces her after that, there is no consolation gift. Why? Because the mahr suffices. If the mahr was specified, it is the specified amount; if it was not specified, it is the equivalent mahr. One does not combine the consolation gift and the mahr. The Shaykh al-Islam chose that the consolation gift is obligatory due to the generality of His saying, the Exalted: [Al-Baqarah 2:241]. This is absolute, and because this consolation gift is a matter of compensating for the distress, as the Prophet (peace and blessings be upon him) said: . So now you have broken it, so give her something to soothe her heart. But unfortunately, most divorces occur out of anger and rage, so the husband is not willing to give her the consolation gift. What a person should do is be able to control himself and be strong over it, and give her the consolation gift. Even if the divorce is due to a dispute and litigation, yes. The important point is that if she is divorced after consummation, the school of thought holds that she is not entitled to a mahr [consolation gift]. No, the school of thought holds that she is not entitled to a consolation gift, considering the mahr sufficient. The Shaykh al-Islam, may Allah have mercy on him, chose that he must give her the consolation gift due to the generality of His saying, the Exalted: [Al-Baqarah 2:241]. He said, may Allah have mercy on him, "If they separate in a defective marriage before consummation and seclusion, there is no mahr; after either of them, the specified mahr becomes obligatory". If they separate—the actor is the spouses—before consummation and seclusion in a defective marriage, there is no mahr. What is defective? Defective is what is not valid. Among such cases is a woman marrying herself, because marriage without a guardian is defective according to the stronger opinion. But if she married herself without a mahr and he divorced her before consummation and seclusion, she is not entitled to a mahr and not entitled to a consolation gift, because the marriage is not valid. And if it is not valid, its rulings do not apply. If he divorces her after that, and after either of them—what are they? Consummation and seclusion—the specified mahr becomes obligatory, whether small or large. To summarize the matter now: if the spouses separate in a defective marriage before consummation and seclusion, there is no mahr, because the existence of this contract is like its non-existence. If he consummated with her, the equivalent mahr becomes obligatory if the mahr was not specified, and the full mahr if it was specified. We give an example for this: a man married a woman without a mahr, so the marriage is defective due to the saying of the Prophet (peace and blessings be upon him): Sunan Ibn Majah 1880Sahih (Darussalam). When it was said to him that the marriage is defective before he consummated with her, he said: If he divorces her, what is obligatory for her? Nothing is obligatory for her, because he divorced her and the marriage is not valid. But he consummated with her, and after he consummated with her, it was said to him that the marriage is defective. He said: If he divorces her, what is obligatory? The equivalent mahr if it was not specified, and the specified mahr if it was specified. If this man gave her ten thousand riyals as mahr, she is entitled to ten thousand riyals. If he remained silent and did not specify a mahr, the equivalent mahr becomes obligatory for her. Okay, another person contracted a marriage with a woman with a guardian and witnesses, everything was in order. When he contracted the marriage, a woman came and testified that she had breastfed him along with this woman. The woman became his sister. What do we do? It is obligatory to separate them. The mahr: now it came to him before consummation and seclusion. Nothing. The mahr is nothing for her, because they separated before consummation and seclusion. Okay, after consummation and seclusion, we say: if he specified the mahr for her, it is the specified amount; if he did not specify it, she is entitled to the equivalent mahr. Okay, but why the equivalent mahr? Because he made her private parts lawful for him. For this reason, the author said: "After either of them, the specified mahr becomes obligatory".
