Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Benefits of the Verse: ((And if you wish to replace one wife with another, even if you have given one of them a qintar...))

Machine translationRead the Arabic original
There are benefits in these two verses, among which is: the permissibility of marrying a second wife, even if one intends her to be a replacement for the first, based on His saying:
But if you want to replace one wife with another وإن أردتم استبدال زوج مكان زوج
[An-Nisa 4:20]
meaning, if he wishes to marry a woman to replace the first, to serve him and attend to his needs, there is no harm in it. Among its benefits is: the permissibility of a large bridal gift, based on His saying:
And you have given one of them a qintar وآتيتم إحداهن قنطارا
It is said that a qintar is a thousand mithqals of gold, and it is said that a qintar is a bull’s hide filled with gold. This is a great amount. So do we say that the verse indicates the permissibility of increasing the bridal gift? Or do we say that this is an expression of exaggeration, meaning, if you give one of them this large amount of money, do not take back any of it, even a little? The first option, the first option, if the report from 'Umar is authentic, that he addressed the people and said: “No one should exceed the bridal gift of the Messenger of Allah (peace and blessings be upon him) except that I will place it in the public treasury.” Then a woman stood up and said: “O Commander of the Faithful, how is this, when Allah says:
and you have given one of them a great amount [in gifts], do not take [back] from it anything وآتيتم إحداهن قنطارا فلا تأخذوا منه شيئا
[An-Nisa 4:20]
?” He said: “A woman is more learned than you, O 'Umar.” In another wording, it is: “The woman was right and 'Umar was wrong” So he retracted his statement. If this story is authentic, then his saying:
a qintar قنطارا
is not intended as an exaggeration without reality, but rather he intended a real large amount. The original principle, the original principle, is that it is permissible to increase the bridal gift, even if it reaches qintars, because it is a contract between two contracting parties, and consent is necessary in it. So if the wife and her guardians do not consent except to a large amount, the matter is up to them. But is it said that it is better not to exaggerate in bridal gifts? The answer is: Yes, it is said that it is better not to exaggerate in bridal gifts, and the lighter the bridal gift, the more blessed the marriage and the better its outcome. I give you a simple example: If the bridal gift is small and there is no compatibility between the husband and his wife, it is easy for him to divorce her, whether by compensation or without compensation. If he demands compensation, he only asks for a small amount. If he does not demand compensation and says the matter is simple, he leaves her and is done with her. But if he spent a large amount on her, they say, “We do not consent except to a large amount.” Then he goes to borrow from so-and-so and so-and-so, and debt takes hold of him, which is humiliation by day and anxiety by night. What is the value of the woman to him, when she was the cause of this? He hates her and says, “This is the one who led to my being burdened with debt.” Then, if Allah does not will compatibility between them, he cannot bear to divorce her unless she returns her bridal gift to him. She has spent the bridal gift and gone here and there, so it is very difficult for her to recover that. For this reason, there is no doubt that the benefits of reducing the bridal gift are many. For this reason, it came in the hadith:
The marriage which produces most blessing is that which involves least burden أعظم النكاح بركة أيسره مئونة
Mishkat al-Masabih 3097
. Among its benefits is: the prohibition of the husband taking any part of the bridal gift, even a little, based on His saying:
do not take [back] from it anything فلا تأخذوا منه شيئا
[An-Nisa 4:20]
The word
Anything شيئا
is an indefinite noun in the context of negation, so it covers both the small and the large. But if the wife consents to him taking something from her bridal gift, the right is hers, if she is of age and of sound mind, based on His saying, the Exalted:
then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it فنصف ما فرضتم إلا أن يعفون أو يعفو الذي بيديه عقدة النكاح
[Al-Baqarah 2:237]
. Among its benefits is: the severe condemnation of one who takes anything from his wife’s bridal gift without her consent, based on His saying:
(20) But if you want to replace one wife with another and you have given one of them a great amount [in gifts], do not take [back] from it anything. Would you take it in injustice and manifest sin? (21) And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant? أتأخذونه بهتانا وإثما مبينا وكيف تأخذونه
[An-Nisa 4:20-21]
.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas