Is a wife entitled to mut'ah (consolation gift) if she forgives half of her stipulated dowry (*mahr*) and is divorced before consummation?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the *Mufawwadat* (a wife granted the right to divorce herself) forgives half of her stipulated dowry, and the husband subsequently divorces her before consummation, she is not entitled to *mut'ah*. This is because *mut'ah* stands in the place of half the dowry, and since she has already forgiven that half, the situation becomes as if she had already received it.

Supporting text

It is argued that she should be entitled to half of the *mut'ah* if we hold that the husband cannot claim anything back from her if she forgives the entirety of her dowry.