Is meher payable even after a divorce demanded by wife?

Sources

• ✓ 2:236 · Al-Baqara

  2:236 · Muhammad Marmaduke Pickthall

  لَّا جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ ٱلنِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا۟ لَهُنَّ فَرِيضَةًۭ ۚ وَمَتِّعُوهُنَّ عَلَى ٱلْمُوسِعِ قَدَرُهُۥ وَعَلَى ٱلْمُقْتِرِ قَدَرُهُۥ مَتَٰعًۢا بِٱلْمَعْرُوفِ ۖ حَقًّا عَلَى ٱلْمُحْسِنِينَ

  It is no sin for you if ye divorce women while yet ye have not touched them, nor appointed unto them a portion. Provide for them, the rich according to his means, and the straitened according to his means, a fair provision. (This is) a bounden duty for those who do good.

• ✓ Tafsir Ibn Kathir on 2:236

  Sunni

  Tafsir Ibn Kathir · 2:236

  Allah, the Exalted, has permitted the divorce of a woman after the marriage contract has been concluded with her, but before consummation. Ibn Abbas, Tawus, Ibrahim, and Al-Hasan Al-Basri interpret "touching" in this context as "consummation." Indeed, it is permissible to divorce her before consummation, and it is obligatory to grant her a compensation (muta'ah) if she was entrusted to him (meaning, the marriage was finalized without consummation), even if this causes distress to her heart. This is why Allah ordered that she be given a reward as compensation for what she missed, in an amount appropriate to the husband’s financial capacity—greater for the wealthy and less for the poor. Sufyan Al-Thawri narrated from Isma'il ibn Umayya, from Ikrimah, from Ibn Abbas that the compensation for divorce was often the servant, and less than that could be a piece of cloth. Ali ibn Abi Talhah, citing Ibn Abbas, said that if the husband was wealthy, he would give her a servant or something similar, and if he was poor, he would give her three garments. Al-Sha'bi mentioned a median amount of compensation: a robe, a headwrap, a blanket, and an outer cloak. He added that Shuraih would grant as much as five hundred (dirhams). Abdul Razzaq reported from Ma'mar, from Ayyub, from Ibn Sirin that compensation could be a servant, or maintenance, or clothing. Al-Hasan ibn Ali is reported to have given ten thousand (dirhams). The woman reportedly said: "A small compensation when parting is beloved..." Imam Abu Hanifa, may Allah have mercy on him, held that if a disagreement arises between the spouses about the compensation amount, half the amount of her dowry is due. Imam Al-Shafi'i stated in his later views that the husband is not compelled to pay a fixed amount beyond the minimal sum that qualifies as compensation and suggested that it be as little as would cover the cost of prayer (i.e., modest). In his earlier opinion, he preferred an amount around thirty dirhams, based on a narration from Ibn Umar, may Allah be pleased with them. Scholars also differed on whether compensation is obligatory for every divorced woman or only for those divorced before consummation who had no dowry prescribed. The strongest opinions are: 1. Compensation is obligatory for every divorced woman, as implied by the general wording of Allah's statement: "For divorced women is a provision according to what is reasonable—for those who are conscious of Allah" (Qur'an 2:241), and the verse addressing the Prophet's wives: "O Prophet, say to your wives: If you desire the life of this world and its adornments, then come, I will provide for you and set you free with a gracious release" (Qur'an 33:28). This view is held by Sa'id ibn Jubayr, Abu Al-Aliyah, Al-Hasan Al-Basri, and corresponds with one of Al-Shafi'i's opinions, some considering it correct. 2. Compensation is obligatory only if the divorce occurs before touching (before consummation), even if a dowry was prescribed. This is supported by the verse in Surah Al-Ahzab (33:49). Shu'bah and others reported from Qatadah, from Sa'id ibn Al-Musayyib that this verse abrogated the earlier directive found in Surah Al-Baqarah (2:241). Al-Bukhari narrated from Sahl ibn Sa'd and Abu Usayd that the Messenger of Allah (peace be upon him) married Umaymah bint Shurahil. When she was brought to him, he extended his hand to her, but she seemed to dislike it. He then instructed Abu Usayd to prepare her by clothing her with two fine garments. 3. Compensation is due only if the woman is divorced before consummation and no dowry was appointed. If the marriage is consummated, she is entitled to the full dowry if entitled to it. If the dowry was fixed but she was divorced before consummation, she is entitled to half of it. Once consummation has taken place, everything is settled, and the dowry acts as compensation; thus no separate muta'ah is mandated. This is the opinion of Ibn Umar and Mujahid. Some scholars recommend muta'ah for all divorces except the case of a woman divorced prior to consummation with delegated repudiation, which is not rejected and explains the variant interpretations in Surah Al-Ahzab. Some further scholars consider muta'ah as recommended but not obligatory in all cases. Ibn Abi Hatim narrates from Kthir ibn Shihab Al-Qazwini that he heard Muhammad ibn Sa'id ibn Sabiq report from Amr (Ibn Abi Qais), from Al-Sha'bi, who, when asked whether the muta'ah should be withheld, recited: "For the wealthy is according to his means, and for the poor is according to his means" (Qur'an 2:236). Al-Sha'bi said: "By Allah, I have never seen anyone withhold it, and if it were obligatory, the judges would enforce its payment." Thus, this verse permits divorce after marriage contract but before consummation, obliges compensation to the woman based on circumstances, with diverse scholarly views on the amount and conditions of such compensation, drawing on Qur'anic verses, Prophetic tradition, and the statements of early authorities.