Ruling on returning the mahr to one who divorced his wife after seclusion
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Question:
One of the brothers sent a message; it appears he forgot to mention his name. His question is long in fact, but its summary is: A man divorced his wife before consummation but after seclusion. Is he entitled to recover the mahr?
Answer:
If he divorced her after complete seclusion, where the door was closed and he was able to have intercourse with her, then she does not return anything to him if he divorces her; she is entitled to the full mahr. This is because the Rightly Guided Caliphs (may Allah be pleased with them) ruled that seclusion is equivalent to intercourse. Therefore, he has no claim, and she must observe the waiting period.
As for seclusion that does not take place in a secluded location, or in a place where there is no deterrent to entering upon them, it is not called seclusion. If he divorces her in this case, he is entitled to half the mahr. This is based on the saying of Allah the Exalted: [al-Baqarah:237]. Seclusion in which intercourse is not possible, because the door is... or is open without being closed, does not preclude the halving of the mahr. Rather, he retains half, because it is a seclusion that is not considered valid. Yes.
The presenter: And what if the seclusion was complete, but he was unable to have intercourse due to illness or the like?
The Shaykh: Yes, he is not entitled to half. It is treated as equivalent to intercourse. She is entitled to the full mahr, and she must observe the waiting period.
The presenter: May Allah reward you with good.
One of the brothers sent a message; it appears he forgot to mention his name. His question is long in fact, but its summary is: A man divorced his wife before consummation but after seclusion. Is he entitled to recover the mahr?
Answer:
If he divorced her after complete seclusion, where the door was closed and he was able to have intercourse with her, then she does not return anything to him if he divorces her; she is entitled to the full mahr. This is because the Rightly Guided Caliphs (may Allah be pleased with them) ruled that seclusion is equivalent to intercourse. Therefore, he has no claim, and she must observe the waiting period.
As for seclusion that does not take place in a secluded location, or in a place where there is no deterrent to entering upon them, it is not called seclusion. If he divorces her in this case, he is entitled to half the mahr. This is based on the saying of Allah the Exalted:
And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified
وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْThe presenter: And what if the seclusion was complete, but he was unable to have intercourse due to illness or the like?
The Shaykh: Yes, he is not entitled to half. It is treated as equivalent to intercourse. She is entitled to the full mahr, and she must observe the waiting period.
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.