"Or if he brings the mahr at such-and-such a time, otherwise there is no marriage between them; the condition is invalid and the marriage is valid"
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The Shaykh : He says "Or if he brings the mahr at such-and-such a time, otherwise there is no marriage between them; the condition is invalid and the marriage is valid". A man who does not have a mahr, so she said to him, "I accept the marriage, but on the condition that you bring the mahr within six months, otherwise there is no marriage between us." The author says the marriage is valid and the condition is not valid. He entered into this condition, six months passed, and he did not bring the mahr. Does she have the option? Answer according to the author's statement?
The questioner : Yes.
The Shaykh : Yes?
The questioner : ... .
The Shaykh : The condition is invalid, so she does not have the option. However, the correct view in this issue is that she has the option, because this is an intended condition, so she has the option. If she wishes, she remains with him; when he brings the mahr, he brings it. And if she wishes, she annuls it, because she stipulated something in which she has a valid interest. Muslims are bound by their conditions, except for a condition that makes the forbidden lawful or the lawful forbidden. "Or if he brings the mahr at such-and-such a time, otherwise there is no marriage between them; the condition is invalid and the marriage is valid". So what are the issues in which we chose a position contrary to what the author said?
The questioner : ... .
The Shaykh : First, if she stipulated that he give her less than her co-wife. Second, if she stipulated the option. Third, if she stipulated that if he brings the mahr at such-and-such a time, otherwise there is no marriage between them. Fourth, if she stipulated that there be no mahr for her. We have clarified that the correct view is that the marriage is not valid and that there is no maintenance. If she stipulated that there be no maintenance for her, we also said that the condition is valid. As for the author's statement that this is a future matter and a future matter cannot be waived because it renews, we say this is a future matter, but it is a right of the woman, and she has waived it. Muslims are bound by their conditions. So in reality, we have contradicted him in all the issues, but in some we said the marriage is not valid, and in others we said the marriage is valid and the condition is valid.
The questioner : Yes.
The Shaykh : Yes?
The questioner : ... .
The Shaykh : The condition is invalid, so she does not have the option. However, the correct view in this issue is that she has the option, because this is an intended condition, so she has the option. If she wishes, she remains with him; when he brings the mahr, he brings it. And if she wishes, she annuls it, because she stipulated something in which she has a valid interest. Muslims are bound by their conditions, except for a condition that makes the forbidden lawful or the lawful forbidden. "Or if he brings the mahr at such-and-such a time, otherwise there is no marriage between them; the condition is invalid and the marriage is valid". So what are the issues in which we chose a position contrary to what the author said?
The questioner : ... .
The Shaykh : First, if she stipulated that he give her less than her co-wife. Second, if she stipulated the option. Third, if she stipulated that if he brings the mahr at such-and-such a time, otherwise there is no marriage between them. Fourth, if she stipulated that there be no mahr for her. We have clarified that the correct view is that the marriage is not valid and that there is no maintenance. If she stipulated that there be no maintenance for her, we also said that the condition is valid. As for the author's statement that this is a future matter and a future matter cannot be waived because it renews, we say this is a future matter, but it is a right of the woman, and she has waived it. Muslims are bound by their conditions. So in reality, we have contradicted him in all the issues, but in some we said the marriage is not valid, and in others we said the marriage is valid and the condition is valid.