Back to full surahلَّا جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا لَهُنَّ فَرِيضَةً ۚ وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدَرُهُ مَتَاعًا بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُحْسِنِينَ ٢٣٦
La junaha AAalaykum in tallaqtumu alnnisaa ma lam tamassoohunna aw tafridoo lahunna fareedatan wamattiAAoohunna AAala almoosiAAi qadaruhu waAAala almuqtiri qadaruhu mataAAan bialmaAAroofi haqqan AAala almuhsineena
There will (also) be no sin on you if you divorce (the wedlocked) women even before touching them or fixing their dower. Then (in this case) provide for them appropriately. It is (an obligation) for the rich according to his means and for the poor according to his means. (In any case) this provision must be made in a becoming manner. This is compulsory for the pious. (2:236)
Divorce before consummating the Marriage
Allah allowed divorce after the marriage contract and before consummating the marriage. Ibn `Abbas, Tawus, Ibrahim and Al-Hasan Al-Basri said that `touched' (mentioned in the Ayah) means sexual intercourse. The husband is allowed to divorce his wife before consummating the marriage or giving the dowry if it was deferred.
The Mut`ah (Gift) at the time of Divorce
Allah commands the husband to give the wife (whom he divorces before consummating the marriage) a gift of a reasonable amount, the rich according to his means and the poor according to his means, to compensate her for her loss. Al-Bukhari reported in his Sahih that Sahl bin Sa`d and Abu Usayd said that Allah's Messenger married Umaymah bint Sharahil. When she was brought to the Prophet he extended his hand to her, but she did not like that. The Prophet then ordered Abu Usayd to provide provisions for her along with a gift of two garments.
