What is the ruling on a gift given before the marriage contract? Does it belong to the woman?
Machine translationRead the Arabic original
The questioner : O Shaykh, from the perspective of if a man gives a gift to the woman's relatives before the marriage and they did not stipulate that he do so, does that also mean it belongs to the woman?
The Shaykh : What do you mean by a gift?
The questioner : A gift to the woman's relatives, but before the contract.
The Shaykh : Yes, the apparent meaning of the hadith is that it belongs to the woman, because he said:Sunan Abi Dawud 2129Da'if (Al-Albani) and the *hibah* is the gift.
The questioner : O Shaykh, does this happen often?
The Shaykh : Yes, it happens very often. The current custom is that the woman is lenient about it.
The questioner : Is it prescribed?
The Shaykh : As long as it is not prohibited, the original ruling for customs is permissibility, unless there is evidence of prohibition.
The questioner : Shaykh, Shaykh!
The Shaykh : Yes?
The questioner : May Allah reward you. I say, if they stipulated it, if her people stipulated that he do so and he accepted!
The Shaykh : Stipulated what?
The questioner : They stipulated that it belongs to them.
The Shaykh : Belongs to whom?
The questioner : The father, the mother, and the son.
The Shaykh : Did they stipulate something of the mahr, meaning?
The questioner : Yes, before the marriage bond, and before that, because he knows that what is given before the marriage bond belongs to her?
The Shaykh : Yes.
The questioner : Then he marries her, do they take it or not?
The Shaykh : He owes them nothing.
The questioner : Yes?
The Shaykh : He owes them nothing.
The questioner : Does it go to the woman?
The Shaykh : Yes, that is correct.
The Shaykh : What do you mean by a gift?
The questioner : A gift to the woman's relatives, but before the contract.
The Shaykh : Yes, the apparent meaning of the hadith is that it belongs to the woman, because he said:
a dower or a reward or a promise
أيما صداق أو حِباء أو عدةThe questioner : O Shaykh, does this happen often?
The Shaykh : Yes, it happens very often. The current custom is that the woman is lenient about it.
The questioner : Is it prescribed?
The Shaykh : As long as it is not prohibited, the original ruling for customs is permissibility, unless there is evidence of prohibition.
The questioner : Shaykh, Shaykh!
The Shaykh : Yes?
The questioner : May Allah reward you. I say, if they stipulated it, if her people stipulated that he do so and he accepted!
The Shaykh : Stipulated what?
The questioner : They stipulated that it belongs to them.
The Shaykh : Belongs to whom?
The questioner : The father, the mother, and the son.
The Shaykh : Did they stipulate something of the mahr, meaning?
The questioner : Yes, before the marriage bond, and before that, because he knows that what is given before the marriage bond belongs to her?
The Shaykh : Yes.
The questioner : Then he marries her, do they take it or not?
The Shaykh : He owes them nothing.
The questioner : Yes?
The Shaykh : He owes them nothing.
The questioner : Does it go to the woman?
The Shaykh : Yes, that is correct.