The ruling on combining a marriage contract and a sale with a single consideration
Machine translationRead the Arabic original
The questioner : If one combines a marriage contract and a sale with a single consideration, saying, “I give you my daughter in marriage and I sell you my house for a thousand,” the marriage is valid.
The Shaykh : For a hundred with me. With you? Yes, and yes, what is more suitable for you? Yes. Now it is seven hundred.
The questioner : There is a distinction, there is a distinction.
The Shaykh : There is no distinction at all. But not a thousand, nor a hundred thousand. In any case, if he said, “I give you my daughter in marriage and I sell you my house for a hundred,” is it valid or not? It is valid, and the hundred serves as the consideration for the sold item and as the mahr (bridal gift) for the woman. Yes. It is valid.
The questioner : It is valid in the marriage; because it is not invalidated by the invalidity of the consideration. And in the sale, there are two views. Valid.
The Shaykh : The validity, the correct view is validity. But if he divorces her before consummation, the woman will be entitled to half the mahr. So how do we know? It is apportioned, meaning people of expertise are brought in and asked, “What is the value of the house and what is the mahr for a woman like this?” and the consideration is apportioned accordingly.
The Shaykh : For a hundred with me. With you? Yes, and yes, what is more suitable for you? Yes. Now it is seven hundred.
The questioner : There is a distinction, there is a distinction.
The Shaykh : There is no distinction at all. But not a thousand, nor a hundred thousand. In any case, if he said, “I give you my daughter in marriage and I sell you my house for a hundred,” is it valid or not? It is valid, and the hundred serves as the consideration for the sold item and as the mahr (bridal gift) for the woman. Yes. It is valid.
The questioner : It is valid in the marriage; because it is not invalidated by the invalidity of the consideration. And in the sale, there are two views. Valid.
The Shaykh : The validity, the correct view is validity. But if he divorces her before consummation, the woman will be entitled to half the mahr. So how do we know? It is apportioned, meaning people of expertise are brought in and asked, “What is the value of the house and what is the mahr for a woman like this?” and the consideration is apportioned accordingly.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [3996] حكم الجمع بين نكاح وبيع بعوض واحد - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.