His saying: The Exalted, "And if you divorce them before you have touched them."

Its explanation has already preceded.

His saying: The Exalted, "And you have already specified for them an obligation, then (pay) half of what you have specified."

[The First Aspect]

2356 - My father narrated to us, Abu Salih narrated to us, Mu'awiyah b. Salih narrated to me, from 'Ali b. Abi Talhah, from Ibn 'Abbas regarding His saying: "And if you divorce them before you have touched them, and you have already specified for them an obligation, then (pay) half of what you have specified." He said: This refers to a man who marries a woman and has specified a dowry for her, then divorces her before he touches her—and touching is sexual intercourse—then she has half of her dowry; she has no more than that.

It is reported from Sa'id b. al-Musayyib, Mujahid, Ibrahim, and Muqatil b. Hayyan that they said: She has half of the dowry.

The Second Aspect:

2357 - Yunus b. Habib narrated to us, Abu Dawud reported to us, Qurrah b. Khalid reported to us, he said: I heard Abu Bakr al-Hudhali ask al-Hasan about a man who divorced his wife and had not yet consummated the marriage, but he had specified a dowry for her. Does she have any of the gift of consolation (mut'ah)? He said: Yes, by Allah, she does. He said: O Abu Sa'id, has this not been abrogated by the verse: "And if you divorce them before you have touched them and you have already specified for them an obligation, then (pay) half of what you have specified"? He said: By Allah, it has not abrogated it.

His saying: The Exalted, "Unless they forgo (it)."

2358 - 'Ali b. al-Husayn narrated to us, Musaddad reported to us, Isma'il b. 'Ulayyah reported to us, Ibn Jurayj reported to us, from 'Amr b. Dinar, from 'Ikrimah, from Ibn 'Abbas, he said: Allah was pleased with the act of forgoing (al-'afw) and commanded it. So if she forgoes it, then it is as she has forgone, and if she is satisfied and her guardian has forgone, it is valid even if she refuses.

Muhammad b. 'Ammar narrated to us, 'Ubayd Allah b. Musa reported to us, Isra'il reported to us, from al-Suddi, from Abu Salih, from Ibn 'Abbas, regarding His saying: "Unless they forgo (it)," he said: Unless the matron (thayyib) forgoes and leaves her right. It is reported from Shurayh, Sa'id b. al-Musayyib, 'Ikrimah, Mujahid, al-Sha'bi, al-Hasan, Nafi', Qatadah, Jabir b. Zayd, 'Ata' al-Khurasani, al-Dahhak, al-Zuhri, Muqatil b. Hayyan, Muhammad b. Sirin, al-Rabi' b. Anas, and al-Suddi the like of that.

Muhammad b. Ka'b disagreed with them and said: "Unless they forgo (it)" means the men.

This is an anomalous (shadh) opinion which he was not followed upon.