What is the ruling on marrying a woman without a proposal or a mahr?
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The questioner : May Allah reward you.
The Shaykh : And in you, and whoever heard.
The questioner : What is the ruling if a father wants to marry his daughter to a man without a proposal and without a mahr?
The Shaykh : How without a proposal? I mean: does he propose to the men?
The questioner : No, the man did not propose to the father's daughter.
The Shaykh : I mean: a man proposed to a girl from her father.
The questioner : Without a proposal and without a mahr, he asked him to marry him to his daughter.
The Shaykh : A gift, a present, I mean?
The questioner : Yes.
The Shaykh : It is not permissible. The gift is not permissible because Allah the Exalted said: meaning: exclusively for you, , and it is not permissible for any person, whether a father, brother, or uncle, to marry a woman without her consent, whether she is a virgin or a previously married woman, due to the saying of the Prophet (peace and blessings be upon him): .
And what some people do, may Allah protect us from it, of the overwhelming injustice of marrying their daughters to someone they do not approve of, but because he is a cousin or something similar, this is forbidden for them, and the marriage is invalid. This man is not permitted to have intercourse with her; if he has intercourse with her, he is in the position of one committing unlawful sexual intercourse, may Allah protect us from it, because she is not lawful for him. She is not his wife until she consents. And it is not like unlawful sexual intercourse in the sense that the fixed punishment for unlawful sexual intercourse is not carried out against him because there is a doubt. He believes that this is valid, so this doubt prevents the fixed punishment.
The Shaykh : And in you, and whoever heard.
The questioner : What is the ruling if a father wants to marry his daughter to a man without a proposal and without a mahr?
The Shaykh : How without a proposal? I mean: does he propose to the men?
The questioner : No, the man did not propose to the father's daughter.
The Shaykh : I mean: a man proposed to a girl from her father.
The questioner : Without a proposal and without a mahr, he asked him to marry him to his daughter.
The Shaykh : A gift, a present, I mean?
The questioner : Yes.
The Shaykh : It is not permissible. The gift is not permissible because Allah the Exalted said:
And a believing woman, if she offers herself to the Prophet, if the Prophet wishes to take her in marriage, exclusively for you
وامرأة مؤمنة إن وهبت نفسها للنبي إن أراد النبي أن يستنكحها خالصة لكexclusively for you
من دون المؤمنينDo not marry a virgin until her consent is sought, nor a previously married woman until her permission is sought. They said: How is the consent of the virgin? He said: By her silence
لا تنكح البكر حتى تستأذن، ولا الأيم حتى تستأمر، قالوا: وكيف إذنها يعني البكر؟ قال: أن تسكتAnd what some people do, may Allah protect us from it, of the overwhelming injustice of marrying their daughters to someone they do not approve of, but because he is a cousin or something similar, this is forbidden for them, and the marriage is invalid. This man is not permitted to have intercourse with her; if he has intercourse with her, he is in the position of one committing unlawful sexual intercourse, may Allah protect us from it, because she is not lawful for him. She is not his wife until she consents. And it is not like unlawful sexual intercourse in the sense that the fixed punishment for unlawful sexual intercourse is not carried out against him because there is a doubt. He believes that this is valid, so this doubt prevents the fixed punishment.