If a woman stipulates that her husband not marry another woman over her, and he accepts the condition, but then he wants to marry another, and she seeks annulment, does the man have the right to demand his mahr from her?
Machine translationRead the Arabic original
The questioner : If a woman stipulates that her husband not marry another woman over her, and he accepted the condition, but then he wants to marry another, and she seeks annulment, does the man have the right to demand his mahr from her?
The Shaykh : No, no, the husband has no mahr because he is the one who violated the condition. However, her liability does not cease even in this case, because in this case she did not annul the marriage except under compulsion, and he actually deceived her. But we tell him to marry because we do not prohibit it, since he did not fulfill the condition. She may not annul the marriage because she wants to remain with her husband, but she is compelled. Yes, and [this is] closer to sin, unless necessity calls for it and the need requires it, in which case it is a different matter.
The Shaykh : No, no, the husband has no mahr because he is the one who violated the condition. However, her liability does not cease even in this case, because in this case she did not annul the marriage except under compulsion, and he actually deceived her. But we tell him to marry because we do not prohibit it, since he did not fulfill the condition. She may not annul the marriage because she wants to remain with her husband, but she is compelled. Yes, and [this is] closer to sin, unless necessity calls for it and the need requires it, in which case it is a different matter.