The Return of the Mahr to the Woman's Guardian if the Husband Deceived Her
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A woman is stricken by seizures due to jinn, and some of the shaykhs who recited over her told her that this jinn is in love with her and will leave, by the permission of Allah, after marriage. So a man proposed to her, and her family concealed her illness from him. This was not deception, but rather based on the words of that shaykh. However, they were surprised by the continuation of her seizures, so her husband divorced her because of her seizures.
Question: Does the mahr return to the husband or not? And if it is returned, is it all of it or half of it?
They undoubtedly deceived the man and tricked him. The mahr returns to the one who deceived, and the one who directly carried out the deception is the wali (guardian). So it returns to the woman's wali, whether he is her father or her brother. As for the woman, nothing is taken from her mahr.
The questioner: Her wali, meaning her father?The Shaykh: Her wali may be her father if he married her off, or it may be her brother if he married her off. The important thing is that the wife's mahr remains with her, and nothing is taken from it; because she did not deceive him. The one who deceived the husband was her wali, who contracted the marriage for him without specifying that condition in the contract. However, I advise him not to take anything and not to stir up problems, in order to console this afflicted woman. But if he wants to take his right, he has the right to claim it from her wali.
Question: Does the mahr return to the husband or not? And if it is returned, is it all of it or half of it?
They undoubtedly deceived the man and tricked him. The mahr returns to the one who deceived, and the one who directly carried out the deception is the wali (guardian). So it returns to the woman's wali, whether he is her father or her brother. As for the woman, nothing is taken from her mahr.
The questioner: Her wali, meaning her father?The Shaykh: Her wali may be her father if he married her off, or it may be her brother if he married her off. The important thing is that the wife's mahr remains with her, and nothing is taken from it; because she did not deceive him. The one who deceived the husband was her wali, who contracted the marriage for him without specifying that condition in the contract. However, I advise him not to take anything and not to stir up problems, in order to console this afflicted woman. But if he wants to take his right, he has the right to claim it from her wali.