The ruling on a man who divorces his wife before consummation but after seclusion with her
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Question:
If a man divorces his wife after contracting the marriage, and he had secluded himself with her after the contract but before consummation; does she have to observe a waiting period for him, and is she entitled to the bridal gift, or is it otherwise?
Answer:
There is scholarly disagreement on this matter, and the correct view is that she must observe the waiting period and is entitled to the bridal gift. If he secluded himself with her, that is ruled as consummation and intercourse. This is the ruling issued by the Rightly Guided Caliphs (may Allah be pleased with them) . It is ruled as consummation, as entering upon her. If he secluded himself with her and no one else was present, in a seclusion that enabled him to have intercourse with her, then its ruling is the same as if he had had intercourse with her: she is entitled to the full bridal gift, and she must observe the waiting period if he divorces her. Yes.
The presenter: May Allah reward you with good.
If a man divorces his wife after contracting the marriage, and he had secluded himself with her after the contract but before consummation; does she have to observe a waiting period for him, and is she entitled to the bridal gift, or is it otherwise?
Answer:
There is scholarly disagreement on this matter, and the correct view is that she must observe the waiting period and is entitled to the bridal gift. If he secluded himself with her, that is ruled as consummation and intercourse. This is the ruling issued by the Rightly Guided Caliphs (may Allah be pleased with them) . It is ruled as consummation, as entering upon her. If he secluded himself with her and no one else was present, in a seclusion that enabled him to have intercourse with her, then its ruling is the same as if he had had intercourse with her: she is entitled to the full bridal gift, and she must observe the waiting period if he divorces her. Yes.
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.
