What is the required dower (mahr) if a husband divorces his wife before consummation, mistakenly believing the divorce is ineffective, and subsequently has intercourse with her?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a husband divorces his wife with a single pronouncement before consummation, but believes this divorce is ineffective and then has intercourse with her, he is obligated to pay the dower of the equivalent (*mahr al-mithl*) in addition to half of the stipulated dower (*mahr al-musamma*). This is established by the divine ordinance stating that in such cases, one must render half of what was stipulated (Quran 2:237). The subsequent intercourse is divorced from the original marriage contract, thus necessitating the *mahr al-mithl*, just as if the intercourse occurred with a different woman or by another man.

Supporting text

Imam Malik holds that only one dower is incumbent upon him in this situation.