Discussion regarding the Islam of one spouse without the other, in terms of the continuation of the marriage and the mahr.
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
Given the importance of the previous section, we would like to ask some questions. A man contracted a marriage with a disbelieving woman, then he embraced Islam before consummating the marriage. What is the ruling regarding the continuation of the marriage?
The questioner : ... .
The Shaykh : Does it dissolve? Does it dissolve or not? No, it dissolves. That means we do not need to go to the judge and say, "Dissolve it." It dissolves. Well, the answer is wrong. Do you understand the question? A man contracted a marriage with a disbelieving woman, then he embraced Islam before consummation. Brother Muhammad says it dissolves, and the marriage remains. That is wrong. There is a detail to consider.
The questioner : If she is a People of the Book, the marriage remains. But if she is not a People of the Book, it dissolves.
The Shaykh : Did you hear the detail? If she is a People of the Book, the marriage remains because a Muslim man is permitted to marry a woman from the People of the Book. Listen, may Allah reward you. You have no excuse. Everyone makes mistakes and hits the mark. There is nothing in it! We say: if she is a People of the Book, the marriage remains; and if she is not a People of the Book, the marriage dissolves. Well, regarding the mahr, it is known that separation before consummation obligates half the mahr. So here, regarding the mahr, is the husband obligated to pay half the mahr, or is he not obligated to pay anything? Brother...
The questioner : ... .
The Shaykh : Oh Shaykh, may Allah guide you. Say it yourself. His name is 'Abd al-Qadir. Yes, this is the one with the shemagh.
The questioner : ... .
The Shaykh : This man embraced Islam before consummation, and he had married a woman who is not a People of the Book. We said the marriage dissolves. Is he obligated to pay any of the mahr, or not? No, go back to the book. Everyone knows, everyone reads the book. You don't know? You didn't attend yesterday? Why didn't you review? Say it, 'Abd al-Jalil.
The questioner : ... .
The Shaykh : I say he is the one who embraced Islam, and she remained in disbelief. Does she get the whole mahr? Half the mahr? What do you say? It is correct that he is obligated to pay half of it because the separation came from his side. Well, a man contracted a marriage with a woman, and both were disbelievers, then she embraced Islam before consummation. You didn't attend. Yes, I am not asking about the ruling on the marriage, but about the mahr. About the marriage: a man married a woman, and both were disbelievers, then the woman embraced Islam. What is the ruling on the marriage? The marriage dissolves in all cases. Good. Well, if the man is a People of the Book? Even if we said earlier that if the woman is a People of the Book, the marriage remains, this is the reverse of the issue. If the man is a People of the Book, why?
The questioner : ... .
The Shaykh : Well done. Correct, my brothers. May Allah reward you. Regarding the mahr? Say it.
The questioner : ... .
The Shaykh : May Allah guide us and you. How do you say it? You got ahead of me. I say she embraced Islam, and her husband remained in his disbelief. Look, pay attention, my brothers. The two of you, if he said "he preceded her" and "she did not precede him," and the question is specific, meaning the man did not fully understand because he brought up the entire issue in its entirety. It is like a student who was asked in an exam, "What is the ruling on turning one's head in prayer?" and he did not know the meaning exactly, so he said in his answer: "It is disliked in prayer to turn one's head, raise one's gaze to the sky, gird oneself, move, crack one's fingers, interlace one's fingers, and close one's eyes. Yes, and turning one's head. Then he said at the end: 'Take what you want and leave what you want!'" This person is problematic. He asks about something specific and says, "If it is... and if it is..." The question is specific: a disbeliever contracted a marriage with a disbelieving woman, then she embraced Islam before consummation. We said the marriage dissolves, and this is clear. But regarding the mahr...
The questioner : ... .
The Shaykh : Well done. According to the author, she has no mahr because the separation came from her side. And according to the stronger opinion, she has half the mahr, because the original ruling is that Islam is obligatory upon both of them, so we cannot deprive her of what is her right just because she did what was obligatory upon her. May Allah reward you. If that was after consummation? If they were disbelievers and they consummated, then the husband embraced Islam. What is the ruling? 'Abd Allah?
The questioner : ... .
The Shaykh : We haven't reached it... a section before.
The questioner : ... .
The Shaykh : No, that is wrong. Oh, 'Ayub.
The questioner : ... .
The Shaykh : We did not ask about the mahr, 'Ayub. About the ruling on the marriage. Tahir.
The questioner : ... if he enters Islam ... .
The Shaykh : I didn't understand. Two disbelieving spouses married and both consummated. The husband consummated with his wife, then the wife embraced Islam. The matter is suspended until the 'iddah ends. Well, if it ends, first answer what the author said. If it ends and the husband did not embrace Islam, meaning they are separated. Well, because it becomes clear that it dissolved from the time she embraced Islam. Well done. This is what the author followed. The second opinion. This section is important in the present time because people often... Oh, Sharafi.
The questioner : The second opinion is that it dissolves immediately.
The Shaykh : This is the second opinion. The third opinion is the stronger one.
The questioner : That the matter means the wife has the choice. If the husband embraces Islam before her 'iddah, her husband...
The Shaykh : We are done... Tahir said it.
The questioner : Well, if the husband embraces Islam.
The Shaykh : If the wife embraces Islam and the 'iddah ends and the husband has not embraced Islam, then according to the madhhab, she has become divorced from him and she cannot return to him. And according to the second opinion, it dissolves from the time she embraced Islam. And the third, stronger opinion...
The questioner : That the matter returns to the wife.
The Shaykh : Meaning, after the 'iddah ends, the choice is with the wife if the husband embraces Islam and wants to return, is that right?
The questioner : The evidence is the hadith of Zaynab, the daughter of the Prophet (peace and blessings be upon him).
The Shaykh : We haven't reached the request for evidence. If there is no difference between before the 'iddah and after the 'iddah, what is the difference between before the 'iddah and after the 'iddah according to the stronger opinion?
The questioner : The difference between them is that the first one...
The Shaykh : Before the 'iddah ends.
The questioner : That the choice is not with the wife, but the choice is...
The Shaykh : That if he embraces Islam before the 'iddah ends, the wife has no choice.
Given the importance of the previous section, we would like to ask some questions. A man contracted a marriage with a disbelieving woman, then he embraced Islam before consummating the marriage. What is the ruling regarding the continuation of the marriage?
The questioner : ... .
The Shaykh : Does it dissolve? Does it dissolve or not? No, it dissolves. That means we do not need to go to the judge and say, "Dissolve it." It dissolves. Well, the answer is wrong. Do you understand the question? A man contracted a marriage with a disbelieving woman, then he embraced Islam before consummation. Brother Muhammad says it dissolves, and the marriage remains. That is wrong. There is a detail to consider.
The questioner : If she is a People of the Book, the marriage remains. But if she is not a People of the Book, it dissolves.
The Shaykh : Did you hear the detail? If she is a People of the Book, the marriage remains because a Muslim man is permitted to marry a woman from the People of the Book. Listen, may Allah reward you. You have no excuse. Everyone makes mistakes and hits the mark. There is nothing in it! We say: if she is a People of the Book, the marriage remains; and if she is not a People of the Book, the marriage dissolves. Well, regarding the mahr, it is known that separation before consummation obligates half the mahr. So here, regarding the mahr, is the husband obligated to pay half the mahr, or is he not obligated to pay anything? Brother...
The questioner : ... .
The Shaykh : Oh Shaykh, may Allah guide you. Say it yourself. His name is 'Abd al-Qadir. Yes, this is the one with the shemagh.
The questioner : ... .
The Shaykh : This man embraced Islam before consummation, and he had married a woman who is not a People of the Book. We said the marriage dissolves. Is he obligated to pay any of the mahr, or not? No, go back to the book. Everyone knows, everyone reads the book. You don't know? You didn't attend yesterday? Why didn't you review? Say it, 'Abd al-Jalil.
The questioner : ... .
The Shaykh : I say he is the one who embraced Islam, and she remained in disbelief. Does she get the whole mahr? Half the mahr? What do you say? It is correct that he is obligated to pay half of it because the separation came from his side. Well, a man contracted a marriage with a woman, and both were disbelievers, then she embraced Islam before consummation. You didn't attend. Yes, I am not asking about the ruling on the marriage, but about the mahr. About the marriage: a man married a woman, and both were disbelievers, then the woman embraced Islam. What is the ruling on the marriage? The marriage dissolves in all cases. Good. Well, if the man is a People of the Book? Even if we said earlier that if the woman is a People of the Book, the marriage remains, this is the reverse of the issue. If the man is a People of the Book, why?
The questioner : ... .
The Shaykh : Well done. Correct, my brothers. May Allah reward you. Regarding the mahr? Say it.
The questioner : ... .
The Shaykh : May Allah guide us and you. How do you say it? You got ahead of me. I say she embraced Islam, and her husband remained in his disbelief. Look, pay attention, my brothers. The two of you, if he said "he preceded her" and "she did not precede him," and the question is specific, meaning the man did not fully understand because he brought up the entire issue in its entirety. It is like a student who was asked in an exam, "What is the ruling on turning one's head in prayer?" and he did not know the meaning exactly, so he said in his answer: "It is disliked in prayer to turn one's head, raise one's gaze to the sky, gird oneself, move, crack one's fingers, interlace one's fingers, and close one's eyes. Yes, and turning one's head. Then he said at the end: 'Take what you want and leave what you want!'" This person is problematic. He asks about something specific and says, "If it is... and if it is..." The question is specific: a disbeliever contracted a marriage with a disbelieving woman, then she embraced Islam before consummation. We said the marriage dissolves, and this is clear. But regarding the mahr...
The questioner : ... .
The Shaykh : Well done. According to the author, she has no mahr because the separation came from her side. And according to the stronger opinion, she has half the mahr, because the original ruling is that Islam is obligatory upon both of them, so we cannot deprive her of what is her right just because she did what was obligatory upon her. May Allah reward you. If that was after consummation? If they were disbelievers and they consummated, then the husband embraced Islam. What is the ruling? 'Abd Allah?
The questioner : ... .
The Shaykh : We haven't reached it... a section before.
The questioner : ... .
The Shaykh : No, that is wrong. Oh, 'Ayub.
The questioner : ... .
The Shaykh : We did not ask about the mahr, 'Ayub. About the ruling on the marriage. Tahir.
The questioner : ... if he enters Islam ... .
The Shaykh : I didn't understand. Two disbelieving spouses married and both consummated. The husband consummated with his wife, then the wife embraced Islam. The matter is suspended until the 'iddah ends. Well, if it ends, first answer what the author said. If it ends and the husband did not embrace Islam, meaning they are separated. Well, because it becomes clear that it dissolved from the time she embraced Islam. Well done. This is what the author followed. The second opinion. This section is important in the present time because people often... Oh, Sharafi.
The questioner : The second opinion is that it dissolves immediately.
The Shaykh : This is the second opinion. The third opinion is the stronger one.
The questioner : That the matter means the wife has the choice. If the husband embraces Islam before her 'iddah, her husband...
The Shaykh : We are done... Tahir said it.
The questioner : Well, if the husband embraces Islam.
The Shaykh : If the wife embraces Islam and the 'iddah ends and the husband has not embraced Islam, then according to the madhhab, she has become divorced from him and she cannot return to him. And according to the second opinion, it dissolves from the time she embraced Islam. And the third, stronger opinion...
The questioner : That the matter returns to the wife.
The Shaykh : Meaning, after the 'iddah ends, the choice is with the wife if the husband embraces Islam and wants to return, is that right?
The questioner : The evidence is the hadith of Zaynab, the daughter of the Prophet (peace and blessings be upon him).
The Shaykh : We haven't reached the request for evidence. If there is no difference between before the 'iddah and after the 'iddah, what is the difference between before the 'iddah and after the 'iddah according to the stronger opinion?
The questioner : The difference between them is that the first one...
The Shaykh : Before the 'iddah ends.
The questioner : That the choice is not with the wife, but the choice is...
The Shaykh : That if he embraces Islam before the 'iddah ends, the wife has no choice.