𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (461)

In which cases is the full mahr due to a woman? Sheikh Najeeb Ash-Shar’abi ḥafidhahullāh: A woman is entitled to the full agreed-upon dower (mahr musammā) or the dower of equivalent value (mahr al-mithl) if it was not specified, in two situations: 1⃣. Upon consummation of the marriage: Allāh, the Exalted, says: “And if you intend to exchange one wife for another and you have given one of them a qintār (a heap of gold), do not take anything from it. Would you take it by injustice and manifest sin?” [An-Nisāʾ 4:20] 2⃣. If one of the spouses dies before consummation: It was narrated by Aḥmad (nos. 4276, 4277, 4278) and Abū Dāwūd (no. 2116) from ʿAbdullāh ibn Masʿūd (may Allāh be pleased with him) that a woman was married but no dower was stipulated. The husband died before consummation. Ibn Masʿūd was consulted and said: “I say that she is entitled to a dower equivalent to that of my women, neither excessive nor deficient, and she inherits and observes the waiting period. If I am correct, it is from Allāh; if I err, it is my mistake and from Shayṭān. Allāh and His Messenger are free from blame.” Some companions, including Al-Ashajj ibn Al-Jarāḥ and Abū Sanān, confirmed that the Prophet ﷺ had previously ruled in such cases, and Ibn Masʿūd rejoiced that his ruling aligned with that of the Prophet ﷺ. [This ḥadīth is found in Ṣaḥīḥ Al-Musnad and not in the Ṣaḥīḥayn (no. 1125)]. Scholarly positions: Ibn Rushd (may Allāh have mercy on him) in Bidayat Al-Mujtahid (vol. 3, p. 48) stated: “It is agreed upon by the scholars that the full dower is obligatory upon consummation or death.” Ibn Qudāmah (may Allāh have mercy on him) in Al-Mughni (vol. 7, p. 273) stated: “If a woman is killed, the full dower is due to her because death terminates the marriage. The dower is not forfeited, whether she dies accidentally, is killed by her husband or someone else, or kills herself.” If a woman was left in seclusion (khalwah) without consummation, a private enclosure was made, and then the husband divorced her, the majority of scholars held that she is entitled to the full dower, a view attributed to some companions. The correct view, however, is that she is entitled to half the dower only. This was the opinion of a group of Tābiʿīn and adopted by the Dhāhirī school and Imam Shāfiʿī in later writings. It aligns with the apparent meaning of the Qur’ān: “And if you divorce them before you have touched them and have already specified for them an obligation, then [give] half of what you specified.” [Al-Baqarah 2:237] Shurayḥ Al-Qāḍī (may Allāh have mercy on him) remarked: “I have not heard that Allāh, Exalted, mentioned a door or a curtain in the Qur’ān.” Source: https://t.me/qweasdzxcmnblkjpoik/3869