Benefits of the Hadith: (Whoever gives as a bridal gift for a woman flour or dates has made her lawful)
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The Shaykh : It is derived from this hadith, or this athar if its attribution to the Prophet (peace and blessings be upon him) is not authentic:
That the bridal gift is valid with any small or large amount, and this is taken from his saying: where an indefinite noun appears in the context of a condition.
And among its benefits: That the bridal gift is valid with food, so it is not required that it be from the two currencies, gold and silver, due to his saying:.
And among its benefits: That a woman does not become lawful except with a bridal gift, due to his saying:, but considering that the purpose of the marriage contract is not exchange, the marriage is valid without specifying a mahr, unlike a sale, which is not valid until the price is known. The difference between them is that the purpose and goal of buying and selling is exchange and profit, so the price and the item sold must be known to prevent dispute. As for the purpose of marriage, it is something beyond money, namely the great benefits obtained from marriage, and the purpose is not exchange. Therefore, it is valid without specifying a mahr, but it is necessary.
So the marriage contract is in one aspect more difficult than sales, and sales are in one aspect more difficult than marriage. In sales, it is valid to give you the thing as a gift, without selling it to you, but marriage is not valid except for the Prophet (peace and blessings be upon him).
From here, what is marriage?
More difficult and stricter.
Sales are not valid unless the price and the item sold are specified, meaning known, and marriage is valid without specifying the mahr, and in that case, it reverts to the mahr of the like.
And at that time, we say: The mahr has three states:
That it is specified, that it is left unmentioned, that its negation is stipulated:
If it is specified, there is no problem. If it is left unmentioned, the mahr of the like is obligatory. If its negation is stipulated, the scholars differed on that in two opinions:
The first opinion: That the marriage is not valid, and this is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him). He says: "Because if we validated the marriage with the condition of negating the mahr, this would be a gift".
And the second opinion in the issue: That the marriage is valid and the condition is defective, and at that time, the mahr of the like is obligatory for her. But the opinion of Shaykh al-Islam (may Allah have mercy on him) is stronger. Based on this, we say: It is necessary to renew the contract if the mahr is named, meaning it means we oblige them to set the mahr or cancel the condition of its negation and redo the contract anew.
That the bridal gift is valid with any small or large amount, and this is taken from his saying:
flour
سويقاًAnd among its benefits: That the bridal gift is valid with food, so it is not required that it be from the two currencies, gold and silver, due to his saying:
flour or dates
سويقاً أو تمرًاAnd among its benefits: That a woman does not become lawful except with a bridal gift, due to his saying:
has made her lawful
فقد استحلSo the marriage contract is in one aspect more difficult than sales, and sales are in one aspect more difficult than marriage. In sales, it is valid to give you the thing as a gift, without selling it to you, but marriage is not valid except for the Prophet (peace and blessings be upon him).
From here, what is marriage?
More difficult and stricter.
Sales are not valid unless the price and the item sold are specified, meaning known, and marriage is valid without specifying the mahr, and in that case, it reverts to the mahr of the like.
And at that time, we say: The mahr has three states:
That it is specified, that it is left unmentioned, that its negation is stipulated:
If it is specified, there is no problem. If it is left unmentioned, the mahr of the like is obligatory. If its negation is stipulated, the scholars differed on that in two opinions:
The first opinion: That the marriage is not valid, and this is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him). He says: "Because if we validated the marriage with the condition of negating the mahr, this would be a gift".
And the second opinion in the issue: That the marriage is valid and the condition is defective, and at that time, the mahr of the like is obligatory for her. But the opinion of Shaykh al-Islam (may Allah have mercy on him) is stronger. Based on this, we say: It is necessary to renew the contract if the mahr is named, meaning it means we oblige them to set the mahr or cancel the condition of its negation and redo the contract anew.