What is due to a wife divorced before consummation when no dower (mahr) was stipulated, but the husband gifted her a slave before the divorce?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

The wife is entitled to Mut'ah (consolation gift). This is because the gift of a slave does not nullify her right to Mut'ah, just as it does not nullify half of the stipulated dower (if one had been stipulated). Mut'ah becomes obligatory upon divorce and cannot be preemptively satisfied by a gift, nor is it voided by a gift, similar to the stipulated dower. The minimum for Mut'ah is clothing adequate for prayer, unless the husband wishes to give more or the wife agrees to accept less. The amount of Mut'ah is assessed based on the husband's financial status, whether wealthy or poor, as stated by Ahmad. This is supported by the verse: "Let the man of wealth spend according to his means, and the man of restricted means according to his means" (Quran 2:236), which explicitly states the assessment depends on the husband's means and that the amount varies.

Supporting text

A dissenting view among the Shafi'is holds that Mut'ah should be assessed according to the wife's financial status, similar to how the dower is assessed. Another view suggests that whatever qualifies as a name for a gift is sufficient for Mut'ah, as it is for the dower.