Is the marriage contract valid if the wife waives the mahr, and is it required that it be money in possession, or is it permissible for it to be real estate, a house, or something similar?
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The questioner : Is the marriage contract permissible if the wife waives the mahr, and is it required that it be money in possession, or is it permissible for it to be a house or something else?
The Shaykh : The mahr is permissible in anything upon which a valid sale contract can be made. For this reason, the scholars said: "Whatever is valid as a price or a wage is valid as a mahr", whether it is a car, real estate, clothes, utensils, dirhams, or anything else; whatever a sale contract can be made upon is valid as a mahr.
And is it valid for a woman to gift her mahr to her husband after he has delivered it, or to sell it to him before he has delivered it?
The answer is yes. If the wife is an adult, sane, and prudent, and she waives the mahr from her husband or gifts it to him after taking possession of it, then that is permissible and there is no blame on her. The evidence for this is the saying of Allah, Blessed and Exalted is He:[An-Nisa 4:4] Here [An-Nisa 4:4] And there is no blame in a woman gifting her mahr to her husband if she has taken possession of it, or absolving him of it if she has not taken possession of it. Yes.
The Shaykh : The mahr is permissible in anything upon which a valid sale contract can be made. For this reason, the scholars said: "Whatever is valid as a price or a wage is valid as a mahr", whether it is a car, real estate, clothes, utensils, dirhams, or anything else; whatever a sale contract can be made upon is valid as a mahr.
And is it valid for a woman to gift her mahr to her husband after he has delivered it, or to sell it to him before he has delivered it?
The answer is yes. If the wife is an adult, sane, and prudent, and she waives the mahr from her husband or gifts it to him after taking possession of it, then that is permissible and there is no blame on her. The evidence for this is the saying of Allah, Blessed and Exalted is He:
