Deducting the value of gifts from the deferred mahr
Machine translationRead the Arabic original
Question:
From the questions of Abu 'Abd al-Rahman, the third one. The second question says: A man contracted marriage with a woman with a prompt mahr and a deferred mahr, and the amount of the deferred mahr was thirty thousand riyals. After he had intercourse with her, a dispute arose between them that led to divorce. When he wanted to pay the deferred mahr, he deducted five thousand riyals, the value of gifts and such. He asks: Is his deduction of this amount from the deferred mahr valid, and is it permissible?
Answer:
This is forbidden and not permissible for him. He is obligated to pay her the full amount of her mahr, except for what she herself waives, and he must not reduce any part of it. Allah the Exalted said:[An-Nisa 4:4] their wages. Therefore, it is not permissible for him to marry her with a mahr and then cheat her by reducing it, except for what she herself waives. The saying of Allah the Exalted: [An-Nisa 4:4] Yes. Regarding the authenticity of the hadith: Sunan Abi Dawud 2129Da'if (Al-Albani). Yes, gifts given for the sake of the marriage, or what the husband promises his wife that he will give her, all of this is included in the mahr.
From the questions of Abu 'Abd al-Rahman, the third one. The second question says: A man contracted marriage with a woman with a prompt mahr and a deferred mahr, and the amount of the deferred mahr was thirty thousand riyals. After he had intercourse with her, a dispute arose between them that led to divorce. When he wanted to pay the deferred mahr, he deducted five thousand riyals, the value of gifts and such. He asks: Is his deduction of this amount from the deferred mahr valid, and is it permissible?
Answer:
This is forbidden and not permissible for him. He is obligated to pay her the full amount of her mahr, except for what she herself waives, and he must not reduce any part of it. Allah the Exalted said:
And give the women [upon marriage] their [bridal] gifts graciously
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةًBut if they give up willingly to you anything of it, then take it in satisfaction and ease.
فَإِن طِبْنَ لَكُمْ عَن شَيْءٍ مِّنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَّرِيئًاA woman who marries on a dower or a reward or a promise before the solemnisation of marriage is entitled to it
أيما امرأة نكحت على صداق أو حباء أو عدى قبل عصمة النكاح فهو لها
Source
نور على الدرب - الفوزان - 02/240 — archive.org (12:01)
The Arabic text is a machine transcription of the audio recording.