What is the basis for al-Sa'di's derivation from the verse: “And ask what you have spent…” regarding the guarantee of the mahr on the one who corrupts the marriage?
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Question:
May Allah reward you. Your Eminence, the father, the questioner says: Shaykh Ibn Sa'di (may Allah have mercy on him), in his commentary on the saying of Allah the Exalted[Al-Mumtahanah 60:10], stated: “If a corrupter corrupts the marriage of a man’s wife through breastfeeding or otherwise, he is liable for the guarantee of the mahr.” What is the form of this issue mentioned by the Shaykh?
Answer:
Yes. If a man came and corrupted a woman’s marriage in order for her to separate from her husband through breastfeeding, for example. For instance, a man is married to a woman, and this woman has a mother who is married to another man. Or let us assume the reverse: a man is married to a woman, and this woman has a daughter who is married to another person, and she is breastfeeding this daughter. By doing so, she creates a milk-kinship that forbids her to her husband, in order for her to separate from him. The Shaykh’s derivation from this has a dimension to it, but this is its aspect, and Allah knows best: she was forbidden to him through breastfeeding. Yes.
May Allah reward you. Your Eminence, the father, the questioner says: Shaykh Ibn Sa'di (may Allah have mercy on him), in his commentary on the saying of Allah the Exalted
but ask for what you have spent and let them ask for what they have spent
وَاسْأَلُوا مَا أَنفَقْتُمْ وَلْيَسْأَلُوا مَا أَنفَقُواAnswer:
Yes. If a man came and corrupted a woman’s marriage in order for her to separate from her husband through breastfeeding, for example. For instance, a man is married to a woman, and this woman has a mother who is married to another man. Or let us assume the reverse: a man is married to a woman, and this woman has a daughter who is married to another person, and she is breastfeeding this daughter. By doing so, she creates a milk-kinship that forbids her to her husband, in order for her to separate from him. The Shaykh’s derivation from this has a dimension to it, but this is its aspect, and Allah knows best: she was forbidden to him through breastfeeding. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1662- 4717] ما وجه استنباط السعدي بالآية :﴿واسألوا ما أنفقتم ..﴾ على ضمان المهر على من أفسد النكاح؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.