Money or its value incumbent on husband (Mahr) (L-525)
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وَإِنْ أَرَدتُّمُ ٱسْتِبْدَالَ زَوْجٍمَّ كَانَ زَوْجٍ وَءَاتَيْتُمْ إِحْدَىٰهُنَّ قِنطَارًا فَلَا تَأْخُذُوا۟ مِنْهُ شَيْـًٔا أَتَأْخُذُونَهُۥ بُهْتَٰنًا وَإِثْمًا مُّبِينًا 20. وَكَيْفَ تَأْخُذُونَهُۥ وَقَدْ أَفْضَىٰ بَعْضُكُمْ إِلَىٰ بَعْضٍوَأَخَذْ نَ مِنكُم مِّيثَٰقًا غَلِيظًا 21. |
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20. Wa ‘in ‘arattumus-tib-daala zawjim-ma kaana zawjinw-wa ‘aataytum ‘ihdaahun-na qintaaran falaa ta’-khuzuu minhu shay-‘aa. ‘A-ta’-khuzuu-nahuu buhtaananw-wa ‘is-mam-mubiinaa. 21. Wa kayfa ta’-khuzuuna-huu wa
qad ‘afzaa ba’-zukum ‘ilaa ba’-zinw-wa
‘akhazna minkum-miisaaqan galiizaa. |
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20. If you wish to replace one wife with another, and you have given one of them a fortune, take nothing back from it. Would you take it back fraudulently and sinfully? 21. And how can you take it back, when you have been intimate
with one another, and they have received from you a solid commitment? |
During the times of ignorance before Islam, there was a tradition also that whenever any person used to wish to marry some other woman leaving the earlier wife, in that case he used to accuse her wife falsely and tyrannize her of various sorts. So that she might return the money of mahr under compulsion and get divorce, in like manner, this money may be used in the second marriage. It has been restricted in these verses that while you have given much wealth to your first wife and now you wish to marry any other woman leaving the first, then you should not take back that wealth or money. It is unlawful to take back the given money from the first wife by the way of calumny and open wrong.
At the very time, the man and the woman have gone in unto one another, kept company with each other and reached the certain point of copulation, then the mahr (the money or its value incumbent on the husband) has become payable upon the man to his wife. How can it be lawful for the husband to get back that money of mahr and how can he press the woman if she does not want to return? There can be only one mode to get back the mahr i.e. if the woman exempts it with her pleasure. While such women have taken a strong pledge from you and you have reaped the complete advantage from them, then how can it be lawful either not to pay them or get back the money (incumbent on you) of mahr, which you have already paid?
Remember it that as after copulation the entire mahr becomes incumbent on the husband to be paid, like this, if correct solitude has taken place between the two (husband and wife), even then complete mahr will be payable. However, if they have not reached the point of correct solitude and the husband has divorced his wife, then the mahr will be paid half. These matters have already been discussed in chapter -2 (Surah ‘Al-Baqarah).
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