Explanation of the Book of Marriage-15

The Shaykh :"And from 'Amr ibn Shu'ayb, from his father, from his grandfather (may Allah be pleased with them both), he said: The Messenger of Allah (peace and blessings be upon him) said:

If any woman marries for a dowry, a gift, or a promise before contracting the marriage, it belongs to her. As for whatever is fixed to her after contracting the marriage, it belongs to whomever it has been given. The most worthy gift a man is honored with is what he gets on account of (the marriage of) his daughter or sister.

أيما امرأة نكحت على صداق أو حِباء أو عِدَةٍ قبل عصمة النكاح فهو لها، وما كان بعد عصمة النكاح فهو لمن أُعطيه وأحق ما أُكرم الرجل عليه ابنته أو أخته

Bulugh al-Maram 8:77

It was narrated by Ahmad and the four [Imams] except al-Tirmidhi": His saying (peace and blessings be upon him): :
"Any" is one of the names of the conditional particle that requires the jussive mood. How many?
Two verbs: the first is the verb of the condition, and the second is the response to the condition.
And it is the subject (mubtada').
Now, "what" is an extra word, "any," because if it were removed, the speech would still be correct if one said: "Any woman who is married."
And "woman" is qualified by "any."
And his saying this is the verb of the condition, and its response is .
He says: and the meaning of the bridal gift has been mentioned previously.
This is what we know, or what we call the gifts that are bestowed upon her, and they are outside the bridal gift, but they have the ruling of the bridal gift, is that not so?
Meaning, the husband gives the bridal gift, let us say coins or clothes or bedding, and he gives gifts such as jewelry and the like. Sometimes the gifts precede the contract, and sometimes they come after it.
And his saying: : "A promise" is the feminine of "promise," meaning or a pledge. She was married on a pledge, such as when the husband says: "I promise you that I will give you, for example, one thousand riyals. This is a promise."
Meaning: before its contract. The marriage contract is called a binding (i'smah) because a person secures with it what he fears for himself from corruption, and because it secures the wife from marrying another.
Now, and his saying: Meaning: for the wife, and it is not given to anyone, even if the one promised is the guardian himself.
He said: What was it that was given? From the presents and the promises.
The student: And the bridal gift.

The Shaykh : No, the bridal gift is for the woman; there is no doubt about that.
: Whether the one to whom it is given is the father, or the uncle, or the brother, or the mother, or someone else.
: This sentence, in relation to what came before it, is an explanation of the reason, meaning that a person may honor [someone] for the sake of his daughter or his sister, and this is a right and not invalid.
So this hadith contains great benefits:
The first benefit: That the bridal gift, the gifts attached to it, and the promises the husband makes, if they are before the marriage contract, they are for the wife, even if they were stipulated for someone else.
And by this we know the injustice of those people who stipulate for themselves from the wife's mahr what may be half the mahr or more, and especially in the desert. When one of them proposes, they say: Yes, we will give you the daughter, but ten thousand for her, and twenty thousand for her jewelry, and for her father a pool of water, and for her brother a transport truck. Yes, and so on. Half of the mahr becomes demands for others. This is forbidden for them; it is not lawful for them to stipulate anything for themselves. Even if they stipulate and go to court, the court will rule that what was stipulated is for the wife, not for them. So they do not own it, neither by Shari'ah nor by judgment, meaning not even in litigation. This is the correct view.
And some scholars said: If it is stipulated for the father, it is for him; and if it is stipulated for someone else, it is for her. If it is stipulated for the father, it is for him; if it is stipulated for someone other than the father, it is for her. For whom?
For the wife. And they reasoned this by saying that the father has the right to take possession of his child's wealth, to take possession of whatever he wishes of his child's wealth, due to the saying of the Prophet (peace and blessings be upon him): .
But this is an analogy in opposition to the text, so it is invalid in consideration, and it is an invalid analogy from its origin. And that is because the woman does not own the bridal gift except by the contract, and the father cannot take possession of what the son or daughter does not own. So it is invalid. This analogy is invalid.
And the correct view is that what is stipulated before the contract is for the woman, even if the one who stipulated it was her father, because of this hadith.