What is the wife entitled to if the woman whose intimacy was delegated (Mufawwadat al-Bud') is divorced before consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
She is entitled only to Mut'ah (consolatory gift). This is the stated position of Ahmad, according to a group of narrators, and it is the view of Ibn Umar, Ibn Abbas, Al-Hasan, 'Ata', Jabir ibn Zayd, Al-Sha'bi, Al-Zuhri, Al-Nakha'i, Al-Thawri, Al-Shafi'i, Ishaq, Abu Ubayd, and the People of Opinion (Ahl al-Ra'y).
Supporting text
A second narration from Ahmad holds that half of her Mahr al-Mithl is obligatory because the marriage is valid and would necessitate Mahr al-Mithl upon consummation, thus half is due upon divorce before consummation, analogous to a named dowry that is forbidden. Malik, Al-Layth, and Ibn Abi Layla hold that Mut'ah is recommended but not obligatory, citing Quran 2:236 which frames it as an obligation upon the 'good-doers' (Al-Muhsinin), implying it is an act of virtue, not an obligatory duty. The counter-evidence is the command in Quran 2:236 and Quran 2:241, and Quran 33:49 ('so give them enjoyment'), where the imperative form implies obligation. Furthermore, it is a divorce following a contract that necessitates compensation, so it cannot be devoid of compensation, similar to a case where a dowry was named.