Is it obligatory to give the defiant wife a portion of the mahr?
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Question:
In the second question from this questioner from Algeria, he says in his question: Does the Shari'ah entitle the defiant wife to everything she demands, such as livestock, clothing, cooking utensils, bedding, and furniture?
Please guide us in light of this question.
Answer:
The defiant wife has no right to her mahr if she is defiant without right and is unjust. For this reason, when the wife of Thabit ibn Qays was defiant toward her husband Thabit, the Prophet (peace and blessings be upon him) said: She said: Yes. So he said to her husband: Sahih al-Bukhari 5273 because she was defiant toward him out of hatred and displeasure. He did not transgress against her, nor did he wrong her; she was simply hateful toward him. So the Prophet (peace and blessings be upon him) ordered her to return her mahr to him.
Therefore, the defiant wife without right must return the entire mahr. The husband should divorce her, because this is better for him than her being with him while she hates him. If she returns his money to him, he is ordered to divorce her, and she has no right to her mahr, whether her mahr was in currency, a house, land, or items. She must return her mahr to him, unless he permits her to keep a portion and is satisfied with half or a quarter, in which case there is no harm.
As for if he refuses to accept anything less than the entire mahr, then she must give him the entire mahr if he did not wrong her and she was simply hateful toward him. However, if he wronged her, then the judge looks into it. They refer the matter to the court, and the court examines the case.
The presenter: May Allah reward you with good.
In the second question from this questioner from Algeria, he says in his question: Does the Shari'ah entitle the defiant wife to everything she demands, such as livestock, clothing, cooking utensils, bedding, and furniture?
Please guide us in light of this question.
Answer:
The defiant wife has no right to her mahr if she is defiant without right and is unjust. For this reason, when the wife of Thabit ibn Qays was defiant toward her husband Thabit, the Prophet (peace and blessings be upon him) said:
Will you return his garden to him?
أتردين عليه حديقته؟Accept your garden, and divorce her once.
اقبل الحديقة، وطلقها تطليقةTherefore, the defiant wife without right must return the entire mahr. The husband should divorce her, because this is better for him than her being with him while she hates him. If she returns his money to him, he is ordered to divorce her, and she has no right to her mahr, whether her mahr was in currency, a house, land, or items. She must return her mahr to him, unless he permits her to keep a portion and is satisfied with half or a quarter, in which case there is no harm.
As for if he refuses to accept anything less than the entire mahr, then she must give him the entire mahr if he did not wrong her and she was simply hateful toward him. However, if he wronged her, then the judge looks into it. They refer the matter to the court, and the court examines the case.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.