The discussion regarding the conditional and deferred mahr.
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions.
A man promised his wife one thousand if her father is alive, and two thousand if he is dead. What is the ruling?
The questioner : According to the correct opinion.
The Shaykh : The stipulation is valid according to the stronger opinion and the second opinion.
The questioner : According to the author's opinion, it is not valid.
The Shaykh : The stipulation is not valid. And what is required according to the author's opinion?
The questioner : ... The mahr of the like.
The Shaykh : The mahr of the like is obligatory. Okay, he married her for one thousand if he has no wife, and two thousand if he has a wife?
The questioner : It is valid.
The Shaykh : It is valid. What is the difference between the two cases? In the case where the father or the wife is involved: he married her for one thousand if her father is alive, and two thousand if he is dead. We said the stipulation is not valid and the mahr of the like is required. He married her for one thousand if he has no wife, and two thousand if he has a wife. We said the stipulation is valid.
The questioner : There is no difference according to the stronger opinion.
The Shaykh : No, according to the author's words, what is the difference? And what about the second one?
The questioner : ... If he has a wife or does not have a wife ... in this case ... .
The Shaykh : That is, she has a valid purpose in being alone with him without a co-wife, unlike the father. The difference is clear according to the author's words. Okay, according to the second opinion, you affirmed that the stronger opinion is that there is no difference. That means, according to your words, if he said two thousand if her father is dead and one thousand if her father is dead, the stipulation is valid according to the stronger opinion.
The questioner : Because if her father is alive, he might compensate her for the other thousand by his presence.
The Shaykh : Unlike if he is.
The questioner : Unlike if he is dead, then perhaps it means ... .
The Shaykh : Well done. That is, just as she has a valid purpose in the absence of a wife, she also has a valid purpose in the presence of the father.
The questioner : ... .
The Shaykh : The important thing is that you now know. Okay.
The questioner : ... .
The Shaykh : Okay, he said if her father is present, one thousand. He said if he is absent, two thousand. She has a purpose, why? The purpose is that if her father is present, the presence of her father compensates her if the mahr is reduced. Perhaps if she needs, she can say to her father, give me. If he is absent, she has no father. Okay. Is it permissible to defer the mahr, O Ayub?
The questioner : It is permissible.
The Shaykh : What is the evidence?
The questioner : The hadith of the Shaykh, and I do not know if it is valid or not: The Messenger of Allah (peace and blessings be upon him) gave her as mahr, even if it was a ring of iron.
The Shaykh : No, what is the evidence for the permissibility of deferring the mahr or part of it?
The questioner : His saying, the Exalted ...[Al-Baqarah 2:231-232] ...
The Shaykh : This is if he did not stipulate. No, the deferral is this: one thousand, half of it is immediate and half is deferred.
The questioner : The saying of the Prophet (peace and blessings be upon him) to the one who gave his wife as mahr the teaching of the Qur'an, and that is not possible except after.
The Shaykh : No, the important thing is that in any case, it can start before the contract, from the day he contracts. Yes.
The questioner : Because the right is hers.
The Shaykh : This is a reasoning, and I want evidence. And this reasoning is correct, no doubt, but I want the evidence.
The questioner : ... .
The Shaykh : .
The questioner : ... .
The Shaykh : I want it. Okay, it is deferred! Absolutely, we start from today. From today, it does not end after eight years, but it starts from today, from the contract. It starts, but the fact that it is deferred for eight years is because it extends. As if I said one thousand riyals, I will not give it to you immediately. Do we say the number of dirhams is deferred? As long as the fulfillment started from the contract, it did not become deferred. O my brothers, a verse you must always know:[Al-Ma'idah 5:1] Every contract with conditions and attributes must be fulfilled, except what the evidence indicates is forbidden. Look, the command to fulfill contracts is a command to fulfill the original contract and what is stipulated in it, because the conditions in the contract are a description of the contract. So if fulfilling the contract is obligatory, it is obligatory to fulfill the contract and what it contains in terms of attributes, which are the conditions. Is the original ruling for conditions permissibility or prohibition? Permissibility. Because of his saying in the hadith: And this, although its chain is weak, its meaning is correct, and it is corroborated by the saying of the Messenger (peace and blessings be upon him): Sunan Ibn Majah 2521Sahih (Darussalam) It indicates that the condition in the Book of Allah is valid. Be careful, O brothers. If the mahr or part of it is deferred, the deferral is valid. The evidence is His saying, the Exalted: [Al-Ma'idah 5:1] [Al-Isra 17:34] And the saying of the Messenger (peace and blessings be upon him): Sunan Ibn Majah 2521Sahih (Darussalam) And his saying: As for the reasoning, which is the theoretical evidence, the reasoning, listen to the reasoning. The theoretical evidence is what? That the right is hers. So if she agrees to its deferral, the right is hers. She has the right to waive the immediacy. Okay, let us read to save time.
A man promised his wife one thousand if her father is alive, and two thousand if he is dead. What is the ruling?
The questioner : According to the correct opinion.
The Shaykh : The stipulation is valid according to the stronger opinion and the second opinion.
The questioner : According to the author's opinion, it is not valid.
The Shaykh : The stipulation is not valid. And what is required according to the author's opinion?
The questioner : ... The mahr of the like.
The Shaykh : The mahr of the like is obligatory. Okay, he married her for one thousand if he has no wife, and two thousand if he has a wife?
The questioner : It is valid.
The Shaykh : It is valid. What is the difference between the two cases? In the case where the father or the wife is involved: he married her for one thousand if her father is alive, and two thousand if he is dead. We said the stipulation is not valid and the mahr of the like is required. He married her for one thousand if he has no wife, and two thousand if he has a wife. We said the stipulation is valid.
The questioner : There is no difference according to the stronger opinion.
The Shaykh : No, according to the author's words, what is the difference? And what about the second one?
The questioner : ... If he has a wife or does not have a wife ... in this case ... .
The Shaykh : That is, she has a valid purpose in being alone with him without a co-wife, unlike the father. The difference is clear according to the author's words. Okay, according to the second opinion, you affirmed that the stronger opinion is that there is no difference. That means, according to your words, if he said two thousand if her father is dead and one thousand if her father is dead, the stipulation is valid according to the stronger opinion.
The questioner : Because if her father is alive, he might compensate her for the other thousand by his presence.
The Shaykh : Unlike if he is.
The questioner : Unlike if he is dead, then perhaps it means ... .
The Shaykh : Well done. That is, just as she has a valid purpose in the absence of a wife, she also has a valid purpose in the presence of the father.
The questioner : ... .
The Shaykh : The important thing is that you now know. Okay.
The questioner : ... .
The Shaykh : Okay, he said if her father is present, one thousand. He said if he is absent, two thousand. She has a purpose, why? The purpose is that if her father is present, the presence of her father compensates her if the mahr is reduced. Perhaps if she needs, she can say to her father, give me. If he is absent, she has no father. Okay. Is it permissible to defer the mahr, O Ayub?
The questioner : It is permissible.
The Shaykh : What is the evidence?
The questioner : The hadith of the Shaykh, and I do not know if it is valid or not: The Messenger of Allah (peace and blessings be upon him) gave her as mahr, even if it was a ring of iron.
The Shaykh : No, what is the evidence for the permissibility of deferring the mahr or part of it?
The questioner : His saying, the Exalted ...
(231) And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not take the verses of Allah in jest. And remember the favor of Allah upon you and what has been revealed to you of the Book and wisdom by which He instructs you. And fear Allah and know that Allah is Knowing of all things. (232) And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis. That is instructed to whoever of you believes in Allah and the Last Day. That is better for you and purer, and Allah knows and you know not.
وإذا طلقتم النساء قبل أن تمسوهن ...The Shaykh : This is if he did not stipulate. No, the deferral is this: one thousand, half of it is immediate and half is deferred.
The questioner : The saying of the Prophet (peace and blessings be upon him) to the one who gave his wife as mahr the teaching of the Qur'an, and that is not possible except after.
The Shaykh : No, the important thing is that in any case, it can start before the contract, from the day he contracts. Yes.
The questioner : Because the right is hers.
The Shaykh : This is a reasoning, and I want evidence. And this reasoning is correct, no doubt, but I want the evidence.
The questioner : ... .
The Shaykh :
That you hire me
على أن تأجرنيThe questioner : ... .
The Shaykh : I want it. Okay, it is deferred! Absolutely, we start from today. From today, it does not end after eight years, but it starts from today, from the contract. It starts, but the fact that it is deferred for eight years is because it extends. As if I said one thousand riyals, I will not give it to you immediately. Do we say the number of dirhams is deferred? As long as the fulfillment started from the contract, it did not become deferred. O my brothers, a verse you must always know: