We said that one of the conditions is that there is no mahr (bridal gift) on him if he does not consummate the marriage with the woman; they are separated and he owes nothing. So why did we not obligate him to pay the full mahr al-mithl (bridal gift of equivalent value)?
Machine translationRead the Arabic original
The questioner : ... the condition of no mahr (bridal gift).
The Shaykh : Yes?
The questioner : We said if the condition of no mahr (bridal gift) is stipulated.
The Shaykh : Yes, indeed.
The questioner : If he consummates the marriage with her, he owes the mahr al-mithl (bridal gift of equivalent value).
The Shaykh : Yes, indeed.
The questioner : And they are separated.
The Shaykh : Yes.
The questioner : And if he does not consummate the marriage with her, they are separated and he owes nothing.
The Shaykh : According to the second opinion, the opinion that it is a condition for validity.
The questioner : Yes.
The Shaykh : Yes, that is correct.
The questioner : Shaykh, why? Why did we not obligate him to pay half of what ... ?
The Shaykh : Because a defective contract does not obligate anything.
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Preserving the provisions, do we leave it to their choice?
Now there is no counterpart.
The questioner : Okay, now you have taken ... .
The Shaykh : Yes?
The Shaykh : Yes?
The questioner : We said if the condition of no mahr (bridal gift) is stipulated.
The Shaykh : Yes, indeed.
The questioner : If he consummates the marriage with her, he owes the mahr al-mithl (bridal gift of equivalent value).
The Shaykh : Yes, indeed.
The questioner : And they are separated.
The Shaykh : Yes.
The questioner : And if he does not consummate the marriage with her, they are separated and he owes nothing.
The Shaykh : According to the second opinion, the opinion that it is a condition for validity.
The questioner : Yes.
The Shaykh : Yes, that is correct.
The questioner : Shaykh, why? Why did we not obligate him to pay half of what ... ?
The Shaykh : Because a defective contract does not obligate anything.
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Preserving the provisions, do we leave it to their choice?
Now there is no counterpart.
The questioner : Okay, now you have taken ... .
The Shaykh : Yes?