It likewise becomes binding by touching her, kissing her—even in the presence of people—and looking at her private parts. It has previously been related from Imam Ahmad, may Allah have mercy on him, in a comprehensive statement: “If he has lawfully enjoyed from her that which is lawful only for her husband, the dowry becomes binding.”

“If he divorces her thereafter, then she is not entitled to a compensatory gift. If the spouses separate from an invalid marriage before consummation and seclusion, then no dowry is due; but after either of these, the stipulated dowry becomes due. The customary dowry is due to a woman who is penetrated under a mistaken assumption of lawfulness …”

His statement, “If he divorces her,” means: if the husband divorces her, whether her marriage was one in which the dowry had been left unspecified or otherwise.

His statement, “thereafter,” refers to consummation. Had the author said, “after that by which the dowry becomes binding, such as consummation, seclusion, touching, or looking at her private parts,” it would have been more comprehensive.

His statement, “then she is not entitled to a compensatory gift,” means that she is not entitled to one, since the dowry suffices and there is no need for a compensatory gift. Nevertheless, it is recommended to give a compensatory gift to a divorced woman even after consummation. For the dowry is established by consummation, while the compensatory gift is recommended because of divorce. Divorce—especially when the woman desires to remain with her husband—breaks her heart and causes her distress. It is therefore wise that she be consoled with a compensatory gift.

The established school holds that the compensatory gift is obligatory only for a woman who is divorced before consummation and whose dowry was not stipulated. As for a woman divorced after consummation, she is not entitled to a compensatory gift, because she is entitled to a dowry: either the stipulated dowry, if one was stipulated, or the customary dowry.

Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, said: A compensatory gift is obligatory for every divorced woman, even after consummation. He cited as evidence Allah’s saying:

“Divorced women are entitled to a fair provision. This is an obligation upon the righteous.” [al-Baqarah 2:241]

The term “divorced women” is general, and Allah reinforced their entitlement by saying, “an obligation,” meaning: He made it a binding obligation. He further emphasized it with a second emphasis: “upon the righteous.” This indicates that fulfilling it is part of taqwa (consciousness and fear of Allah), and taqwa is obligatory. What the Shaykh, may Allah have mercy on him, said is strong.