وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَن يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ وَأَن تَعْفُوا أَقْرَبُ لِلتَّقْوَى وَلَا تَنسَوُا الْفَضْلَ بَيْنَكُمْ إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ
And if you divorce them before you touch them, and you have already settled a dowry for them, then [pay them] half of what you have settled, unless they forgo it, or someone in whose hand is the marriage tie forgoes it. And to forgo is nearer to Godwariness; so do not forget graciousness among yourselves. Indeed Allah watches what you do.
Agha Ali Puya Commentary
Commentary on Quran 2:237
[Pooya/Ali Commentary 2:237] "He in whose hand is the marriage tie", according to the holy Ahl ul Bayt, is the wali - father or grandfather of the wife, and if none of them is available, the legal authority - hakim sharah. The wife is entitled to receive the amount of dowry directly; but if she is a minor her guardian (wali), on her behalf, shall receive the payment. It is unreasonable to say that the husband himself is the wali, because he is the person who must pay the dowry; and it is the wife or her guardian who is paid, or approached for half refund (if dowry has been paid in advance) or for foregoing the full amount. The husband cannot plead for the concessions due to himself. As far as shariah is concerned, the rules of breaking a marriage contract are clear. The seeker of spirituality is advised to go beyond the call of shariah, with generosity and good-naturedness, to help the divorced wife. Man, who has the upper hand over woman, must reflect the fadl of the bountiful beneficent. "Allah sees what you do", refers to the mutual kindness and charitable disposition with which the members of the brotherhood of the believers in Allah should deal with each other; and it is a warning to the husbands if they foolishly believe that they can hide any evil intention while dealing with their wives.