The marriage of a woman without a bridal gift
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The third question of Fatwa No. ( 1275 )
Q3: A believing, monotheistic man, but he permitted his beautiful daughters to be married without a bridal gift, no money, no garment, or anything else, except for the sake of Allah and His Messenger. Is this marriage valid?
A3: The bridal gift in marriage is necessary; because the Book, the Sunnah, and scholarly consensus indicate its obligation. It is also called a mahr or a wage. Allah the Exalted said:[An-Nisa 4:4] meaning: willingly, with what Allah has obligated for you to give them in exchange for marrying them. And He the Exalted said:
[An-Nisa 4:24] the verse, and it is established that he sought it but did not find it, so the Prophet (peace and blessings be upon him) refused to marry her to him unless he gave her something that would benefit her, and the matter ended with the Prophet (peace and blessings be upon him) marrying this woman to him in exchange for the Qur'an he had with him, teaching them both. The Muslim community has reached consensus that a bridal gift is obligatory in the marriage contract. If a man marries a woman from her guardian on the condition that she has no bridal gift, it was said: their marriage is invalid; and it was said: the marriage is valid and the condition is invalid, and she is entitled to the equivalent bridal gift upon consummation or his death, due to the strong resemblance to the previously mentioned case of the woman who was given authority to contract her own marriage, and the stronger position is the second. As for a man who marries a woman on the condition that she has a bridal gift but it was not specified, her marriage is valid, and she is entitled to the equivalent bridal gift upon consummation or his death.
Allah the Exalted said:[Al-Baqarah 2:236] the verse. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q3: A believing, monotheistic man, but he permitted his beautiful daughters to be married without a bridal gift, no money, no garment, or anything else, except for the sake of Allah and His Messenger. Is this marriage valid?
A3: The bridal gift in marriage is necessary; because the Book, the Sunnah, and scholarly consensus indicate its obligation. It is also called a mahr or a wage. Allah the Exalted said:
And give the women [upon marriage] their [bridal] gifts graciously
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةًAnd lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation
وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ أَنْ تَبْتَغُوا بِأَمْوَالِكُمْ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُمْ بِهِ مِنْ بَعْدِ الْفَرِيضَةِThat a woman offered herself to the Prophet (peace and blessings be upon him), and he had no need for her, so one of his Companions wanted to marry her. He asked him for a bridal gift for her, but he excused himself due to his poverty. So he said to him: "Seek it, even if it is an iron ring."
أن امرأة وهبت نفسها للنبي -صلى الله عليه وسلم- ولم يكن له فيها حاجة فأراد بعض أصحابه أن يتزوجها، فطلب منه صداقا لها، فاعتذر لفقره، فقال له: "التمس ولو خاتما من حديدAllah the Exalted said:
There is no blame upon you if you divorce women you have not touched nor specified for them an obligation
لاَ جُنَاحَ عَلَيْكُمْ إِنْ طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا لَهُنَّ فَرِيضَةً
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
