And if you divorce them before the consummation of marriage, but after settling the dowry, then half the settled dowry must be paid, unless the woman forgoes it, or the person who holds the bond of marriage pays the full amount. And if the man pays the whole, it is nearer to piety. But do not forget to be good to each other, and remember that God sees all that you do.
If you divorce them before you have touched them and have appointed the bridal money, then payment of half of what is agreed is ordained unless the women forgo some of it, or he in whose hand is the marriage tie, pays more; and O men, your paying more is closer to piety; and do not forget the favours to each other; indeed Allah is seeing what you do.
And if you divorce them before you have touched them, and you have already appointed for them a marriage-portion, then one-half of what you have appointed, unless it be they make remission, or he makes remission in whose hand is the knot of marriage; yet that you should remit is nearer to godfearing. Forget not to be bountiful one towards another. Surely God sees the things you do.
And if you divorce them before having touched them, but after having settled a dower upon them, then [give them] half of what you have settled - unless it be that they forgo their claim or he in whose hand is the marriage-tie forgoes his claim [to half of the dower]: and to forgo what is due to you is more in accord with God-consciousness. And forget not [that you are to act with] grace towards one another: verily, God sees all that you do.
And if ye divorce them ere ye have touched them but have settled unto them a settlement, then due from you is half of that which ye have settled unless the wives forego, or he in whose hand is the wedding-knot foregoeth, and that ye should forego is nigher unto piety. And forget not grace amongst yourself; verily of that which ye work Allah is the Beholder.
And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed unto them the Mahr (bridal money given by the husbands to his wife at the time of marriage), then pay half of that (Mahr), unless they (the women) agree to forego it, or he (the husband), in whose hands is the marriage tie, agrees to forego and give her full appointed Mahr. And to forego and give (her the full Mahr) is nearer to At-Taqwa (piety, right-eousness, etc.). And do not forget liberality between yourselves. Truly, Allah is All-Seer of what you do.
If you divorce them before you have touched them, but after you had set the dowry for them, give them half of what you specified—unless they forego the right, or the one in whose hand is the marriage contract foregoes it. But to forego is nearer to piety. And do not forget generosity between one another. God is seeing of everything you do.
In case you fixed a dower for them and then divorced them before you touched them, you should pay half of the fixed dower. But there is no harm if the woman agrees to forego it or the man, in whose hands is the marriage tie, is generous enough (to pay the dower in full). And if you (men) act generously, it is akin to piety. Do not forget to show generosity in your dealings with one another for Allah sees what you do.
And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed for them their due (dowry), then pay half of that, unless they (the women) agree to remit it, or he (the husband), in whose hands is the marriage tie, agrees to remit it. And to remit is nearer to At-Taqwa (piety, righteousness). And do not forget liberality between yourselves. Truly, Allah is All-Seer of what you do.
If ye divorce them before ye have touched them and ye have appointed unto them a portion, then (pay the) half of that which ye appointed, unless they (the women) agree to forgo it, or he agreeth to forgo it in whose hand is the marriage tie. To forgo is nearer to piety. And forget not kindness among yourselves. Allah is Seer of what ye do.
And if you divorce them before you touch them, and you have already settled a dowry for them, then [pay them] half of what you have settled, unless they forgo it, or someone in whose hand is the marriage tie forgoes it. And to forgo is nearer to Godwariness; so do not forget graciousness among yourselves. Indeed Allah watches what you do.
If you divorce them before you have touched them but after their dowry has been determined, give them half of what you determined, unless they pardon, or he pardons in whose hand is the marriage knot. And if you pardon it is nearer to wardingoff (evil). Do not forget the generosity between each other. Allah is the Seer of what you do.
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 - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah, of whatever you do, is Seeing.
If you divorce your wives before the consummation of the marriage and the amount of dowry has been fixed, pay your wives half of the amount of their dowry unless she or her guardians drop their demand for payment. To drop such a demand is closer to piety. Be generous to each other. God is Well-Aware of what you do.
And if you divorce them before you have touched them and you have appointed for them a portion, then (pay to them) half of what you have appointed, unless they relinquish or he should relinquish in whose hand is the marriage tie; and it is nearer to righteousness that you should relinquish; and do not neglect the giving of free gifts between you; surely Allah sees what you do.
Wain <u>t</u>allaqtumoohunna min qabli an tamassoohunna waqad fara<u>d</u>tum lahunna faree<u>d</u>atan fani<u>s</u>fu m<u>a</u> fara<u>d</u>tum ill<u>a</u> an yaAAfoona aw yaAAfuwa alla<u>th</u>ee biyadihi AAuqdatu a<b>l</b>nnik<u>ah</u>i waan taAAfoo aqrabu li<b>l</b>ttaqw<u>a</u> wal<u>a</u> tansawoo alfa<u>d</u>la baynakum inna All<u>a</u>ha bim<u>a</u> taAAmaloona ba<u>s</u>eer<b>un</b>
If you divorce them before the marriage is consummated, but after their dower money has been settled, give them the half of their dower money, unless they [the women] agree to forego it, or the man [the husband] in whose hand lies the marriage knot foregoes it. To forego is nearer to righteousness. Do not neglect any chance of behaving benevolently towards each other. God is observant of whatever you do.
And if ye divorce them before consummation, but after the fixation of a dower for them, then the half of the dower (Is due to them), unless they remit it or (the man's half) is remitted by him in whose hands is the marriage tie; and the remission (of the man's half) is the nearest to righteousness. And do not forget Liberality between yourselves. For Allah sees well all that ye do.
وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّآ أَن يَعْفُونَ أَوْ يَعْفُوَا۟ ٱلَّذِى بِيَدِهِۦ عُقْدَةُ ٱلنِّكَاحِ وَأَن تَعْفُوٓا۟ أَقْرَبُ لِلتَّقْوَىٰ وَلَا تَنسَوُا۟ ٱلْفَضْلَ بَيْنَكُمْ إِنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ
If you divorce your wives with whom you have entered into marriage before having sexual intercourse with them and you had fixed the amount of the dowry, you will have to pay half of this amount to them, unless they give up this right of theirs or the husband wishes to pay the full dowry. To give up your right is closer to Mindfulness. Do not forget to show kindness and compassion to one another in matters of rights. Allah sees what you do, so try to do what is best to earn His reward.
If you divorce your wives with whom you have entered into marriage before having sexual intercourse with them and you had fixed the amount of the dowry, you will have to pay half of this amount to them, unless they give up this right of theirs or the husband wishes to pay the full dowry. To give up your right is closer to Mindfulness. Do not forget to show kindness and compassion to one another in matters of rights. Allah sees what you do, so try to do what is best to earn His reward.
<p>In the second situation, when the woman's dower has been fixed before marriage and divorce occurs before actual consummation, the injunction says that the man shall be obligated to pay half of the dower already fixed. However, should the woman forgive, or should the man pay the whole, this will be a matter of free choice, as is evident from the verse:</p><p>إِلَّا أَن يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ</p><p>Unless they (the women) forgive, or forgives the one in whose hand lies the marriage tie. (2:237)</p><p>The use of the word ya` fu يَعْفُوَ ('forgives' ) to cover even the payment of full dower, perhaps, reflects the customary Arab practice of the payment of dower amount simultaneously with the marriage. If so, the husband has become, in the event of a pre-consummation divorce, deserving of taking half of the dower back. Now, if he yields voluntarily and does not take his half back, this too, would virtually be an act of forgiving. And the act of forgiving has been declared more merit-worthy, and closer to Tagwa (the sense of being responsible to Allah, commonly rendered as piety or fear or righteousness in absence of an exact equivalent); because this forgiveness symbolically indicates that the severance of the bond of marriage was also done with magnanimity and good grace, which is the objective of the Shari'ah and certainly, deserving of great merit -- the forgiveness could come from the woman, or from the man, it does not matter.</p><p>Explaining the words of the verse الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ whose hands lies the marriage tie), the Holy Prophet ﷺ has himself said: ولی عُقْدَةُ النِّكَاحِ , that is, 'the husband is the guardian (wali) of the bond of marriage.' This hadith appears in Darqutni as narrated by ` Amr ibn Shu'ayb from his father on the authority of his grandfather, and also from Sayyidna ` Aii ؓ and Sayyidna ibn ` Abbas ؓ (Qurtubi).</p><p>This also proves that the authority to continue or terminate the bond of marriage rests with the husband. It is he who can pronounce talaq (divorce). The woman cannot divorce her husband.</p>
In the second situation, when the woman's dower has been fixed before marriage and divorce occurs before actual consummation, the injunction says that the man shall be obligated to pay half of the dower already fixed. However, should the woman forgive, or should the man pay the whole, this will be a matter of free choice, as is evident from the verse:إِلَّا أَن يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِUnless they (the women) forgive, or forgives the one in whose hand lies the marriage tie. (2:237)The use of the word ya` fu يَعْفُوَ ('forgives' ) to cover even the payment of full dower, perhaps, reflects the customary Arab practice of the payment of dower amount simultaneously with the marriage. If so, the husband has become, in the event of a pre-consummation divorce, deserving of taking half of the dower back. Now, if he yields voluntarily and does not take his half back, this too, would virtually be an act of forgiving. And the act of forgiving has been declared more merit-worthy, and closer to Tagwa (the sense of being responsible to Allah, commonly rendered as piety or fear or righteousness in absence of an exact equivalent); because this forgiveness symbolically indicates that the severance of the bond of marriage was also done with magnanimity and good grace, which is the objective of the Shari'ah and certainly, deserving of great merit -- the forgiveness could come from the woman, or from the man, it does not matter.Explaining the words of the verse الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ whose hands lies the marriage tie), the Holy Prophet ﷺ has himself said: ولی عُقْدَةُ النِّكَاحِ , that is, 'the husband is the guardian (wali) of the bond of marriage.' This hadith appears in Darqutni as narrated by ` Amr ibn Shu'ayb from his father on the authority of his grandfather, and also from Sayyidna ` Aii ؓ and Sayyidna ibn ` Abbas ؓ (Qurtubi).This also proves that the authority to continue or terminate the bond of marriage rests with the husband. It is he who can pronounce talaq (divorce). The woman cannot divorce her husband.
<h2 class="title">The Wife gets half of Her Mahr if She is divorced before the Marriage is consummated</h2><p>This honorable Ayah is not a continuation of the Mut`ah (gift) that was mentioned in the previous Ayah (i.e., divorce before the marriage is consummated). This Ayah (2:237) requires the husband to relinquish half of the appointed Mahr if he divorces his wife before the marriage is consummated. If it was discussing any other type of gift, then it would have been mentioned that way, especially when this Ayah follows the previous Ayah related to this subject. Allah knows best. Giving away half of the bridal-money in this case is the agreed practice according to the scholars. So, the husband pays half of the appointed Mahr if he divorces his wife before consummating the marriage. </p><p>Allah then said: </p><div class="text_uthmani arabic">إَّلا أَن يَعْفُونَ</div><p>(unless they (the women) agree to remit it,) meaning, the wife forfeits the dowry and relieves the husband from further financial responsibility. As-Suddi said that Abu Salih mentioned that Ibn `Abbas commented on Allah's statement: </p><div class="text_uthmani arabic">إَّلا أَن يَعْفُونَ</div><p>(unless they (the women) agree to remit it,) "Unless the wife forfeits her right."Furthermore, Imam Abu Muhammad bin Abu Hatim said that it was reported that Shurayh, Sa`id bin Musayyib, `Ikrimah, Mujahid, Ash-Sha`bi, Al-Hasan, Nafi`, Qatadah, Jabir bin Zayd, `Ata' Al-Khurasani, Ad-Dahhak, Az-Zuhri, Muqatil bin Hayyan, Ibn Sirin, Ar-Rabi` bin Anas and As-Suddi said similarly. </p><p>Allah then said: </p><div class="text_uthmani arabic">أَوْ يَعْفُوَاْ الَّذِى بِيَدِهِ عُقْدَةُ النِّكَاحِ</div><p>(...or he (the husband), in whose hands is the marriage tie, agrees to remit it.) </p><p>Ibn Abu Hatim reported that `Amr bin Shu`ayb said that his grandfather narrated that the Prophet said: </p><div class="text_uthmani arabic">«وَلِيُّ عُقْدَةِ النِّكَاحِ الزَّوْج»</div><p>(The husband is he who has the marriage tie.) </p><p>Ibn Marduwyah also reported this Hadith, and it is the view chosen by Ibn Jarir. The Hadith states that the husband is the person who really holds the marriage tie in his hand, as it is up to him to go on with the marriage or end it. On the other hand, the Wali of the wife is not allowed to give away any of her rightful dues without her permission, especially the dowry. </p><p>Allah then stated: </p><div class="text_uthmani arabic">وَأَن تَعْفُواْ أَقْرَبُ لِلتَّقْوَى</div><p>(And to remit it is nearer to At-Taqwa (piety, righteousness).) </p><p>Ibn Jarir said, "Some scholars said that this statement is directed at both men and women." Ibn `Abbas said: </p><div class="text_uthmani arabic">وَأَن تَعْفُواْ أَقْرَبُ لِلتَّقْوَى</div><p>(And to remit it is nearer to At-Taqwa (piety, righteousness).) indicates that the one who forgives, is nearer to At-Taqwa (piety)." A similar statement was made by Ash-Sha`bi and several other scholars. </p><p>Mujahid, An-Nakha`i, Ad-Dahhak, Muqatil bin Hayyan, Ar-Rabi` bin Anas and Thawri stated that `liberality' mentioned in the Ayah refers to the woman giving away her half Mahr, or the man giving away the full Mahr. This is why Allah said here: </p><div class="text_uthmani arabic">وَلاَ تَنسَوُاْ الْفَضْلَ بَيْنَكُمْ</div><p>(And do not forget liberality between yourselves.) meaning, kindness (or generosity), as Sa`id has stated. Allah said: </p><div class="text_uthmani arabic">إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ</div><p>(Truly, Allah is All-Seer of what you do.) meaning, none of your affairs ever escapes His perfect Watch, and He will reward each according to his deeds. </p><div class="text_uthmani arabic">حَـفِظُواْ عَلَى الصَّلَوَتِ والصَّلَوةِ الْوُسْطَى وَقُومُواْ لِلَّهِ قَـنِتِينَ </div>
The Wife gets half of Her Mahr if She is divorced before the Marriage is consummatedThis honorable Ayah is not a continuation of the Mut`ah (gift) that was mentioned in the previous Ayah (i.e., divorce before the marriage is consummated). This Ayah (2:237) requires the husband to relinquish half of the appointed Mahr if he divorces his wife before the marriage is consummated. If it was discussing any other type of gift, then it would have been mentioned that way, especially when this Ayah follows the previous Ayah related to this subject. Allah knows best. Giving away half of the bridal-money in this case is the agreed practice according to the scholars. So, the husband pays half of the appointed Mahr if he divorces his wife before consummating the marriage. Allah then said: إَّلا أَن يَعْفُونَ(unless they (the women) agree to remit it,) meaning, the wife forfeits the dowry and relieves the husband from further financial responsibility. As-Suddi said that Abu Salih mentioned that Ibn `Abbas commented on Allah's statement: إَّلا أَن يَعْفُونَ(unless they (the women) agree to remit it,) "Unless the wife forfeits her right."Furthermore, Imam Abu Muhammad bin Abu Hatim said that it was reported that Shurayh, Sa`id bin Musayyib, `Ikrimah, Mujahid, Ash-Sha`bi, Al-Hasan, Nafi`, Qatadah, Jabir bin Zayd, `Ata' Al-Khurasani, Ad-Dahhak, Az-Zuhri, Muqatil bin Hayyan, Ibn Sirin, Ar-Rabi` bin Anas and As-Suddi said similarly. Allah then said: أَوْ يَعْفُوَاْ الَّذِى بِيَدِهِ عُقْدَةُ النِّكَاحِ(...or he (the husband), in whose hands is the marriage tie, agrees to remit it.) Ibn Abu Hatim reported that `Amr bin Shu`ayb said that his grandfather narrated that the Prophet said: «وَلِيُّ عُقْدَةِ النِّكَاحِ الزَّوْج»(The husband is he who has the marriage tie.) Ibn Marduwyah also reported this Hadith, and it is the view chosen by Ibn Jarir. The Hadith states that the husband is the person who really holds the marriage tie in his hand, as it is up to him to go on with the marriage or end it. On the other hand, the Wali of the wife is not allowed to give away any of her rightful dues without her permission, especially the dowry. Allah then stated: وَأَن تَعْفُواْ أَقْرَبُ لِلتَّقْوَى(And to remit it is nearer to At-Taqwa (piety, righteousness).) Ibn Jarir said, "Some scholars said that this statement is directed at both men and women." Ibn `Abbas said: وَأَن تَعْفُواْ أَقْرَبُ لِلتَّقْوَى(And to remit it is nearer to At-Taqwa (piety, righteousness).) indicates that the one who forgives, is nearer to At-Taqwa (piety)." A similar statement was made by Ash-Sha`bi and several other scholars. Mujahid, An-Nakha`i, Ad-Dahhak, Muqatil bin Hayyan, Ar-Rabi` bin Anas and Thawri stated that `liberality' mentioned in the Ayah refers to the woman giving away her half Mahr, or the man giving away the full Mahr. This is why Allah said here: وَلاَ تَنسَوُاْ الْفَضْلَ بَيْنَكُمْ(And do not forget liberality between yourselves.) meaning, kindness (or generosity), as Sa`id has stated. Allah said: إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ(Truly, Allah is All-Seer of what you do.) meaning, none of your affairs ever escapes His perfect Watch, and He will reward each according to his deeds. حَـفِظُواْ عَلَى الصَّلَوَتِ والصَّلَوةِ الْوُسْطَى وَقُومُواْ لِلَّهِ قَـنِتِينَ 