If it is said, “Those who felt scruples about divorcing her in these circumstances may have been unaware that a consolatory gift was obligatory for her,” the reply is: Had that been the case, the wording would have been: “There is no blame upon you if you divorce women before you have touched them or specified a dowry for them, and they are entitled to a gift,” just as He says in the following verse:

“And if you divorce them before you have touched them, but after you have specified a dowry for them, then half of what you specified is due.” [Al-Baqara: 237]

Some scholars hold that the consolatory gift is obligatory for her. They maintain that the verse is general in scope, from beginning to end, because every believer is one who does good. It is therefore as though He said, “A reasonable provision, a duty upon divorcing husbands who do good,” since faith is itself a form of doing good. Allah, Mighty and Majestic, says:

“And who is better in speech than one who calls to Allah, does righteous deeds, and says, ‘Indeed, I am one of the Muslims’?” [Fussilat: 33]

This is far-fetched, however, because doing good means showing generosity and performing acts of kindness. Thus, not every believer can be described as one who does good: some act badly, even though they do good by virtue of their faith.

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As for a woman divorced before consummation but after the dowry has been specified, Allah, Exalted is He, mentions her immediately after the woman divorced before consummation and before the dowry has been specified. He makes half the specified dowry obligatory for her, but does not command that she be given a consolatory gift. This indicates that He has prescribed no consolatory gift for her, whether obligatory or recommended. This is the position of Mālik and all his followers.

Some scholars hold that the consolatory gift is obligatory for her, on account of the general wording of Allah’s words:

“O you who believe, when you marry believing women and then divorce them before you have touched them, you have no waiting period to count for them. So give them a gift and release them graciously.” [Al-Ahzāb: 49]

He makes no distinction here between whether a dowry has been specified for her or not. They also invoke the general wording of His words:

“And divorced women are entitled to a reasonable provision—a duty upon those mindful of Allah.” [Al-Baqara: 241]

They argue that she is among the divorced women and is therefore entitled to a consolatory gift along with half the dowry, just as a woman whose marriage has been consummated is entitled to a consolatory gift along with the entire dowry. If she were not entitled to a consolatory gift because she is entitled to half the dowry, it would necessarily follow that a woman whose marriage has been consummated should not be entitled to a consolatory gift because she is entitled to