Surah 2. Al-Baqara, Ayah 237
| وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَنْ يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ ۚ وَأَنْ تَعْفُوا أَقْرَبُ لِلتَّقْوَىٰ ۚ وَلَا تَنْسَوُا الْفَضْلَ بَيْنَكُمْ ۚ إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ |
| Transliteration | : | wa- 'in t.allaqtumo -hunna min qabli 'an tamasso -hunna wa- qad farad.tum la- -hunna fared.ah fa- nis.f maa farad.tum 'illaa 'an yacfon 'aw yacfuwa 'alladhe bi- yad -hi cuqdah an- nikaah. wa- 'an tacfo aqrab li- at- taqwaa wa- laa tansawu al- fad.l bayna -kum 'inna 'allaah bi- maa tacmalon bas.er |
| Pickthall | : | 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. |
| Asad | : | 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-tie226 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. |
| Malik | : | And if you divorce them before the marriage is consummated but after the fixation of a dowry, give them half of their dowry unless the woman wants to waive it or the man in whose hand is the marriage tie is generous enough (to pay the dowry in full). It is more appropriate that the man should act generously. Do not forget to show kindness to each other. Surely Allah observes your actions. |
| Yusuf Ali | : | 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. 269 270 |
Note - 226According to some of the most prominent Companions of the
Prophet (e.g., 'Ali) and their immediate successors
(e.g., Sa'id ibn al-Musayyab and Sa'id ibn Jubayr), this
term denotes the husband (cf. Tabari, Zamakhshari,
Baghawi, Razi and Ibn Kathir).
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Note - 269The law declares that in such a case half the dower fixed
shall be paid by the man to the woman. But it is open to
the woman to remit the half due to her or to the man to
remit the half which he is entitled to deduct, and thus
pay the whole.
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Note - 270Him in whose hands is the marriage tie: According to
Hanafi doctrine this is the husband himself, who can
ordinarily by his act dissolve the marriage. It
therefore behooves him to be all the more liberal to the
woman and pay her the full dower even if the marriage was
not consummated.
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The law declares that in such a case half the dower fixed shall be paid by the man to the woman. But it is open to the woman to remit the half due to her or to the man to remit the half which he is entitled to deduct, and thus pay the whole. |
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Him in whose hands is the marriage tie: According to Hanafi doctrine this is the husband himself, who can ordinarily by his act dissolve the marriage. It therefore behooves him to be all the more liberal to the woman and pay her the full dower even if the marriage was not consummated. |
