Is the Mut'ah (consolation gift) obligatory for a wife divorced after consummation when the dower (Mahr) was specified?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

The apparent position of the Madhhab (Hanbali school, as stated by Abu Hanifa) is that the Mut'ah is not obligatory for a wife divorced after consummation, whether the dower was specified (Musaammat) or the divorce was by delegation where the dower was fixed (Mufawwada mafrood laha). Imam Ahmad stipulated that the Mut'ah is obligatory only for one for whom no dower was specified. If a dower was specified, he does not obligate the Mut'ah but recommends it (mustahabb). The recommendation stems from the general implication of the text concerning Mut'ah and its indication regarding obligation, and aligns with the view of Ali (may Allah be pleased with him) and the scholars previously mentioned.

Supporting text

There is an alternate narration from Ahmad where the Mut'ah is obligatory even when a dower was specified. Al-Shafi'i holds two opinions regarding this matter, corresponding to the two narrations.