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- What if the husband is abusive and the wife has to end the marriage, must she still repay the mahr?
What if the husband is abusive and the wife has to end the marriage, must she still repay the mahr?
Okay, so this is gonna be sour for some people. It's gonna be bitter, but we have to be real about this.
Let's say for example, you're in abusive marriage and you tell your husband, I'm done. I want you to divorce me. This is not working between us.
And he says, no, no, everything is fine. And he's in denial. Okay.
And then you try, he doesn't want it. He continues. This is even if he wasn't abusive. Even if he wasn't abusive.
So you say, I want out. He says, no, I'm not gonna issue a talaaq.
You say, okay, you don't have to issue with a talaaq. You don't wanna support me.
You don't want to support me up until everything is done. That's fine.
I want a khula. I'm telling you, I'll give you the mahr back in whole or in part.
And that's it. Between us, we're done.
Absolutely not. You are my wife. You will listen to me, you will obey me, you'll do what I say. And then he becomes even more abusive right?
Now in this situation, the third option, which is the faskh or the annulment that comes from the authorities, is going to be what is at play here.
So if she reaches to where a third party has to intervene, then she's not going to have to give up her mahr.
Why? Because the decision is being made by other people on his behalf to essentially say, look, by your obstinance, you have violated the trust of reasonableness here in this, and we're gonna issue the talaaq on your behalf.
But let's say for example, she's stuck in a situation and she knows that the only way that she's going to get him to do the paperwork and end things is by paying the mahr back and asking for a khula.
Then that's what she has to do.
And as difficult as that sounds. Sometimes you have to make difficult decisions and give up on things in the dunya because you know that it's better for the long term in the dunya.
And any woman that's forced into a situation where she has to do that unreasonably is definitely going to be rewarded that on the day of judgment.
The prophet said(hadith)
he said about disputes that if I ever decide and give someone else someone else's right.
Because of circumstance then, and they know that that right is wrong for them, then if they take it, they're only taking a piece of the hell fire. So whoever wants to take it, let them take it and whoever wants to leave it, let them leave it.
So if somebody forces you to give up a right in this life that they are basically guaranteeing the hellfire for themselves.
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