And the second with half of the specified [amount], while He divided women into two categories and established a ruling for each category. This indicates that each category is specific to its own ruling, and this restricts what they have cited. It is possible that the command for the gift (mut'ah) regarding other than the mufawwidah is to be interpreted as recommended; due to the indication of the two verses we mentioned regarding the negation of its obligation, combining the implications of the verses and the [legal] reasoning. For it is a mandatory compensation in a contract, so if a valid compensation is named within it, nothing else becomes mandatory, like other commutative contracts. Furthermore, the mut'ah does not become mandatory for her before the separation, nor does that which stands in its place, so it does not become mandatory for her at the time of separation, like one whose husband has died.
Section: If he divorces one for whom a dowry was named after consummation, or a mufawwidah for whom a dowry was fixed after consummation, there is no mut'ah for either of them, except according to the narration of Hanbal. We have already mentioned that and mentioned the position of those who held that view. The manifest view of the Madhhab is that there is no mut'ah for either of them, which is the view of Abu Hanifah. For al-Shafi'i, there are two positions, like the two narrations, and we have already mentioned that. Once this is established, it is recommended that he provides her with a gift (mut'ah). Ahmad explicitly stated this, saying: I mandate it for one for whom no dowry was named, but if he named a dowry, I do not mandate it upon him, though I recommend that he provide a gift even if he named a dowry for her. He only recommended this due to the generality of the text regarding it and its indication of its obligation, and the statement of Ali, may Allah be pleased with him, and those we named among the Imams who held it. Since the obligation was prevented due to the indication of the two aforementioned verses negating the obligation, and the indication of the mentioned reasoning, it became necessary to interpret the proofs indicating it as recommending it, or that they were intended for a specific case. As for one whose husband has died, there is no mut'ah for her by consensus, because the general text does not encompass her; it only encompasses divorced women, and because she received
(17) In M: "al-nisa'" (women). (18) In B, M: "yumatti'uhuma" (he provides both of them with a gift). (19) In B there is an addition: "qad" (already). (20) In A, B, M: "bihi" (with it). (21) In M: "yatanawal" (it encompasses).