is the same as that concerning all of it after consummation. If it becomes clear to the two arbiters that the harm comes from the wife, they leave her as his wife, entrust him with her in private, and permit him to discipline her as Allah Most High has commanded.

If it becomes clear to them that each spouse is harming the other, they separate them, requiring her to repay a portion of the bridal dower: half if the harm each inflicts on the other is equal, more than half if the harm she inflicts is greater, and less than half if the harm she inflicts is less. This is Rabīʿa’s opinion in al-Mudawwana, and a similar opinion appears in Ibn al-Mawwāz’s book. It is the position of Mālik and his companions. Ibn Abī Zayd said that if it becomes clear to the two arbiters that the harm and marital defiance come from the wife, the husband may lawfully accept whatever they obtain for him from her in return for separation, even if it exceeds the bridal dower he gave her. Ibn al-Mājishūn stated this in al-Mabsūt. Its apparent meaning is that this applies whether she wishes it or not, if he wishes to separate. In my view, however, this is to be understood in light of what is stated in al-Mudawwana: provided she gives it willingly. Success comes from Allah, glorified and exalted be He.

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Someone may ask: If a husband may not take anything from his wife in return for separating from her when each has harmed the other, how may he take the portion of her bridal dower awarded to him by the two arbiters when they find that each has harmed the other? Allah, blessed and exalted be He, has explicitly stated in His Book that a judge’s ruling does not make one person’s property lawful for another, saying:

“Do not consume one another’s wealth unjustly, nor bring it before the judges so that you may knowingly consume a portion of other people’s wealth sinfully.” [al-Baqara: 188]

What, then, is the distinction between the two cases?

The answer is that, in divorce in return for compensation, the husband has chosen divorce and, through the harm he has inflicted on his wife, has forced her to surrender her wealth. This is not permissible for him, because Allah, Almighty and Majestic, says:

“Do not constrain them in order to take back part of what you have given them.” [al-Nisā’: 19]

Under the ruling of the two arbiters, however, he has not chosen divorce; rather, they have compelled him to divorce, just as they have compelled the wife to pay compensation. He may lawfully accept it in return for releasing his wife from his marital authority, in accordance with the ruling of Allah, Almighty and Majestic.