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[quote]Assalam alaikum,

Bismillah-hir-Rahman-nir-Raheem

Assalam Alaikum,

In my study of reading certain verses of Sura Baqarah, I came across certain rules regarding talaq. And I learned some rules about mehr pertaining to talaq. So my post is about mehr with regard to talaq. I use my own translation of the Quran and I am not a scholar.

2.229

"...And it is not permissible for you (men) that you take from something that you gave them (women), except that the two of them fear that they will not be able to establish limits set by Allah"

The men are not allowed to ask the women to return the gifts and the mehr and anything else they may have gifted them.

"then if the two of them fear that they will not be able to establish the limits set by Allah, then no harm on them in whatever she gifts to him,"

If they fear they are unable to do justice in dividing the property, then it is acceptable for the man to take what the woman offers him from the gifts he had previously given her.

"these are the limits set by Allah, then do not transgress them, and ones who transgress limits set by Allah, then they are those who are oppressors."

2.230:

"Then if he gives her talaq (third time), then she is not permissible for him from after giving of talaq unless she has nikah with one other than her spouse, then if he divorces her, then no harm on the two if they re-join, if they wish that the limits set by Allah be established."

The talaq is like a bullet. A man has three of these bullets. It is advisable not to fire all three at once. If he gives talaq once, then they wait up to three periods. Now there are three options:

1-They can either reconcile and join, the man treating her equitably after reconciliation. No new nikah or mehr is required.

2-They can continue till the end of the three periods silently, not having intercourse, and part their ways at the end, the man treating her with kindness and not dumping her out on the street. If they want to join again after this, then they have to do nikah and man has to pay mehr to her if she asks for her right of mehr.

3-This verse here sets the decree for the third case when the man has given the talaq already three times. In this case, the only way he can have her back if she gets married to another man and this man gave her talaq later. This cannot be pre-planned just for the sake of joining the first husband, the second marriage cannot be a sham.

"and these are the limits set by Allah, He makes them clear to you O nation of understanding."

2.236:

"There is no sin on you if you give talaq to the women when you have not touched them or obligated on to them the obligation (i.e. mehr), and endow them (gift), rich according to his means, poor according to his means, an endowment that is apprpriate/reasonable, a duty on the doers of good."

From above verse it is clear that the mehr is not a necessary condition of nikah. The woman has the right to demand mehr, but if she does not demand mehr, the nikah can still take place. (The necessar condition of nikah is the presence of two witnesses.)

2.237:

"And if you give them talaq before having touched them, and you obligated on them the obligatoin (i.e. mehr), then pay half of what the obligation is (1/2 of mehr), accept that they forego it, or they, in whose hands is the knot of nikah, forego it, and that they forego it is nearer to taqwa, and do not forget the 'fadzl' between you (all), indeed Allah sees what you do."

Now if the mehr amount was established, but the husband and wife have not had intercourse yet, and husband gives talaq, then he is only required to pay half the amount of the established mehr. If the wife agrees not to have any mehr at all, she can do that.

The next part of the verse, I have heard two views on it. With regard to those in whose hands is the knot of the nikah, one opinion I heard was it is the guardian or wali of the woman. The other view is it is the husband. In any case, whoever it is, he or they can choose to forego the mehr. If it is the guardian of the woman he can choose to forego the mehr and not demand any of it on behalf of the woman. If it means the husband, then he can choose to forego and give all the mehr. Foregoing the mehr is closer to God consciousness (taqwa).

I could not figure a good translation for fadzl.

So this was a summary of the rules regarding mehr in talaq.[/quote]

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