Is the *Muta'a* (consolation gift) obligatory for a divorced woman whose *mahr* (dower) was partially specified or fixed after the contract?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The *Muta'a* is not obligatory for a divorced woman if half the *mahr* was assigned to her. This view is held by Abu Hanifa concerning women for whom the *mahr* was specified. The legal basis for this position is derived from the Quranic verses concerning divorce before consummation. Specifically, Quran 2:237 states that if a *mahr* was stipulated and the marriage is dissolved before consummation, half of the stipulated amount is due. This contrasts with the case where no *mahr* was stipulated (Quran 2:236), where the *Muta'a* is mentioned. The differentiation implies that when a specific *mahr* is established, the fixed portion or half thereof replaces the *Muta'a*, aligning with the general principle that when a valid counter-value is stipulated in a contract, nothing else is obligatory, similar to other commutative contracts.
Supporting text
There is a scholarly opinion, narrated from Ahmad (a narration attributed to him, held as the sounder view by some), and supported by Ali ibn Abi Talib, Al-Hasan, Sa'id ibn Jubayr, Abu Qalaba, Al-Zuhri, Qatada, Al-Dahhak, and Abu Thur, that every divorced woman is entitled to *Muta'a*. This is based on the general wording of Quran 2:241, "And for divorced women is a provision (Muta'a) according to usage, an obligation upon the righteous," and the instruction given to the Prophet concerning his wives: "...Come, I will give you provision and release you with a beautiful release" (Quran 33:28). Under this view, *Muta'a* is due to every divorced woman, whether the *mahr* was fixed or she was granted *tafwid* (authority over the *mahr*), and regardless of whether consummation occurred or not. Another view restricts the obligation of *Muta'a* only to the woman whose *mahr* was never specified (*Mufawwada*) and who was not yet consummated when divorced.