Is Dower (Mahr) incumbent upon a husband who forces his revocable divorcee to have intercourse during the Iddah?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 3 · Bab 1

Open in Qurani

Primary text

Abu Al-Khattab stated that if the husband forces her to intercourse, Dower becomes incumbent upon him, according to those who prohibit her (i.e., consider her forbidden). This is the explicitly stated position from Al-Shafi'i. The rationale is that the intercourse followed a prohibition established by divorce, thus making the Dower incumbent, similar to intercourse with an irrevocable divorcee (Ba'in).

Supporting text

The distinction is clear: the irrevocable divorcee is not his wife, whereas the revocable divorcee is his wife. Analogizing the wife to a non-related woman regarding intercourse and its rulings is distant.