And if the mahr is deferred, or part of it, the contract is valid; if a specific time is set, that is the time, otherwise the time is upon separation.
Machine translationRead the Arabic original
The Shaykh : Then he said "And if the mahr is deferred, or part of it, the contract is valid; if a specific time is set, that is the time, otherwise the time is upon separation". Now, if the mahr is deferred, or part of it, meaning he marries her for ten thousand, five thousand in cash and five thousand deferred for one year, is this permissible or not? It is permissible because the right belongs to her; if she agrees to defer part of it, there is no harm. Now, if he marries her for ten thousand deferred for one year, and after one year he pays her ten thousand, is this valid? Yes, because the right belongs to her, and the original ruling in transactions is permissibility unless there is evidence prohibiting it. So if she stipulates deferring the mahr or part of it, there is no harm. Now, is it required to specify the duration? The author says no, it is not required. If a specific time is set, it is clear. If no specific time is set, the time is upon separation. Separation means by death, divorce, or annulment. For example, a man marries a woman for ten thousand, five thousand in cash and five thousand deferred, and the contract is written, and they separate after, say, ten months have passed. The wife comes and says, "Give me, give me the deferred portion." He had given her the immediate portion and that was settled. After ten months, she says, "Give me the deferred portion." He says, "There is no specific time set between us." She says, "If there is no specific time set between us, then the deferral is defective because it is unknown and involves gharar (excessive uncertainty). Do you understand? Her argument is strong. Now we say that ignorance (ambiguity) in the chapter of mahr is not like ignorance in the chapter of sale. If in a sale he says, "I sold you this commodity for one hundred riyals, fifty in cash and fifty deferred," and he did not mention the time, the sale is not valid. But in the chapter of mahr, it is broader because the mahr is not a pure exchange; its purpose is only to make the woman lawful in a Sharia-compliant manner. So we say here that if she demands the deferred portion after ten months have passed, she has no right to demand it, because if the time is not mentioned, when does it become due? Upon separation. That means if he divorces her, the deferred portion becomes due, even if it is after one month. If the marriage is annulled, it becomes due, even if it is after one month. If she dies, it becomes due, even if it is after one month. If he dies, it becomes due, even if it is after one month. Whenever separation occurs, the deferred portion becomes due. And Allah knows best. Yes.
