And if a man marries off his daughter, even if she is a previously married woman, without a mahr equal to that of her peers, it is valid.
Machine translationRead the Arabic original
The Shaykh : Then the author said, in today's new lesson: "And if a man marries off his daughter, even if she is a previously married woman, without a mahr equal to that of her peers, it is valid. And if he marries her off to a guardian other than himself with her permission, it is valid." And if she did not know, then the mahr is that of her peers. Pay attention: if a man marries off his daughter without the mahr of her peers, meaning her peers' mahr was ten thousand and he married her off for five thousand, is this valid? The answer is yes, it is valid, because the husband is permitted to take from his daughter's wealth whatever he wishes, because the father is permitted to take from his daughter's wealth whatever he wishes. He has now married her off without the mahr of her peers, so just as if she had received the mahr, he would take half of it and not care, so likewise, if he marries her off without the mahr of her peers, it is valid. Do you understand? And because the father is more aware of the interests of the wife who is his daughter, because he may be satisfied with someone for less than the mahr of her peers because he is of good character, religion, honor, and kinship, or the like. So for her benefit, he married her off for less than the mahr of her peers. Do you understand? Because he believes that this is in her interest, marrying her to a man who is suitable in his religion and character, unlike the other guardians, who may not take precautions for her as the father takes precautions for her. All right, we have finished with this.
The author's statement "even if she is a previously married woman" is a reference to a difference of opinion, because some scholars say that if a man marries off his previously married daughter for less than the mahr of her peers, it is as if a stranger married her off. But the correct view is that there is no difference, and that if he marries off his daughter for less than the mahr of her peers, there is no harm, and the marriage is valid, for the reason we mentioned regarding considering the daughter's interest.
The author's statement "even if she is a previously married woman" is a reference to a difference of opinion, because some scholars say that if a man marries off his previously married daughter for less than the mahr of her peers, it is as if a stranger married her off. But the correct view is that there is no difference, and that if he marries off his daughter for less than the mahr of her peers, there is no harm, and the marriage is valid, for the reason we mentioned regarding considering the daughter's interest.
