The Ruling on Misyar Marriage and the Waiver of Maintenance
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Question:
Honorable Shaykh, is it valid to leave out the maintenance clause in the marriage contract, as is done in misyar marriage? And what is the ruling on this marriage if she consents to waiving her maintenance?
Answer:
The car driver, it appears, has died. There was a widespread rumor that he was a misyar, and it has ended, because he did not succeed, nor was he successful. A misyar is not successful; it is merely a reckless act that occurred and ended. So, praise be to Allah, since it has ended, we do not investigate it, because it was not a successful marriage; it was a failed marriage, without a doubt.
Because it does not contain the rights of marriage; it contains only one thing, which is the fulfillment of desire. It has harms, such as the loss of the woman, the husband’s lack of supervision over her, and his failure to fulfill his duties toward her. It has harms, and it has ended, praise be to Allah, and he died because it did not succeed, so there is no need for us to investigate it. Yes.
Honorable Shaykh, is it valid to leave out the maintenance clause in the marriage contract, as is done in misyar marriage? And what is the ruling on this marriage if she consents to waiving her maintenance?
Answer:
The car driver, it appears, has died. There was a widespread rumor that he was a misyar, and it has ended, because he did not succeed, nor was he successful. A misyar is not successful; it is merely a reckless act that occurred and ended. So, praise be to Allah, since it has ended, we do not investigate it, because it was not a successful marriage; it was a failed marriage, without a doubt.
Because it does not contain the rights of marriage; it contains only one thing, which is the fulfillment of desire. It has harms, such as the loss of the woman, the husband’s lack of supervision over her, and his failure to fulfill his duties toward her. It has harms, and it has ended, praise be to Allah, and he died because it did not succeed, so there is no need for us to investigate it. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب النفقات — islamhouse.com (43:28)
The Arabic text is a machine transcription of the audio recording.
