Q: I gave my daughter in marriage to one of my relatives. He had intimate relations with her for about four months. Then she came to my house and stayed with me for eight months without him asking to take her back. One night I was not at home when he came to the house. They argued with each other and he started beating her and almost choked her to death but the family members managed to rescue her. (Part No. 19; Page No. 376) The next day I was told about what happened but I overlooked the matter. Three years passed without him coming to take her back. On 10/3/1405 A.H, he came to me asking to take her back. I did not mind that. I asked him to settle the matter with his wife. She asked him to buy her some jewelry, give her a sum of money, and provide a separate house for her. He agreed to her demands. On 27/3/1405 A.H, he did what she wanted but he could not afford the house. He gave her the jewels together with ten thousand riyals. The next day when I was away from home, he returned and asked her to give him the jewels and the money back. I do not seek to have them separated. I tried to reconcile them before and I will continue to do that.The question is:
Is she still considered to be his wife after he beat and choked her. He deserted her for three consecutive years
during which she gave birth to a daughter whom he never provided with clothing or anything. Are the money and gold which he took back considered as lawfully his? It is worth mentioning that he did not pay the Mahr (mandatory gift to a bride from her groom). I helped him in the preparation of his house and did not ask him for even a single riyal.May Your Eminence give a reply to my question.
(Part No. 19; Page No. 377)
If the reality is as you mentioned, arbitrators from the husband's and the wife's family should be appointed to reconcile them. If they desire to set things aright, Allah (Exalted be He) will make peace between them, otherwise the matter will be referred to the court for decision. The court will give each partner their due rights. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.