What is the legal consequence regarding the *had* (legal punishment) and *mahr* (dower) if the husband withdraws the penis immediately upon insertion (hushfa) when triple divorce is suspended on coitus?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
If the husband withdraws immediately upon inserting the glans penis, does not linger, and does not move while withdrawing, neither the prescribed punishment (*had*) nor the dower (*mahr*) is due, as he stopped short of full consummation.
Supporting text
If he lingers or completes the insertion, no *had* is applied due to the presence of ambiguity (*shubhah*), as part of the act occurred with his lawful wife. Regarding the *mahr*, there are two views: one holds that it is due because he performed a prohibited act of intercourse in a non-owned capacity; the other holds it is not due because it followed intercourse within a lawfully owned capacity, thus following it in the ruling of nullifying the *mahr*.