Is the mahr considered a debt that must be paid?
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The first question of Fatwa No. ( 606 )
Q1: Is the mahr considered a debt that must be paid or not?
A1: The entire mahr named for the wife becomes obligatory for her upon consummation or upon death, and half of it becomes obligatory for her if she is divorced before consummation. In both cases, what becomes obligatory for her is a debt in the husband's liability that must be paid, unless she is pleased to forgo all of it or part of it, in which case it is dropped. Allah the Exalted said:[Al-Baqarah 2:237] And He
the Exalted said:[An-Nisa 4:4] And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: Is the mahr considered a debt that must be paid or not?
A1: The entire mahr named for the wife becomes obligatory for her upon consummation or upon death, and half of it becomes obligatory for her if she is divorced before consummation. In both cases, what becomes obligatory for her is a debt in the husband's liability that must be paid, unless she is pleased to forgo all of it or part of it, in which case it is dropped. Allah the Exalted said:
And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah, of whatever you do, is Seeing.
وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلا أَنْ يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ وَأَنْ تَعْفُوا أَقْرَبُ لِلتَّقْوَى وَلاَ تَنْسَوُا الْفَضْلَ بَيْنَكُمْ إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌthe Exalted said:
And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease.
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.