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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Continuation of the explanation of the author's statement: "And if her guardian married her to another guardian with her permission, it is valid; and if she did not give permission, then she is entitled to the mahr of her like"

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The Shaykh : And the brother of a full brother, the son of a paternal uncle, and those similar to them. A woman was proposed to by a man of religion and good character, but the suitor said, "By Allah, I have nothing but ten thousand, and her mahr is twenty thousand." Her brother said, "We are satisfied with this." If he consulted the wife and she gave permission, there is no harm, because the right belongs to whom? To the woman. If she is satisfied with less than the mahr of her like, she is free. If he did not seek her permission, or if she had no right to give permission because she was a minor or not of sound mind, then she is entitled to the mahr of her like, and the naming of the mahr is invalid. What is the difference between this brother and the father? The difference is that the father is undoubtedly more cautious than the brother. As for the brother, there may be some negligence or deficiency in his action. In summary, the matter becomes clear by answering the following questions: A man married his daughter with her consent for less than the mahr of her like, but she agreed to the marriage without the mahr being mentioned. He married her without the mahr of her like. The marriage is valid. A man married his sister without the mahr of her like after she agreed to it. It is valid. A man married his sister without the mahr of her like without her permission. This is not valid. That is, the marriage is valid, but the naming of the mahr is invalid. In that case, to what do we refer? We refer to the mahr of her like and say, "If this woman were to marry, what would her mahr be?" They said, "The mahr of her like is fifteen thousand." Her brother married her for how much? For less than ten thousand. Let us say he married her for ten thousand. We say the marriage is valid, and what is upon the husband? The mahr of her like, fifteen thousand. If the husband says, "What is my fault? I married the sister of my full brother for ten thousand. What is my fault when you add five thousand to me? Her brother married me. What is my fault?" We say, "Your fault is that you were negligent and did not seek a fatwa, because this is her brother, not her father. Why did you not seek a fatwa when you knew that he married her for less than the mahr of her like? So the negligence is from whom? From the husband. And we say now, you paid ten thousand, so give five thousand only. We do not want more from you. We oblige him to pay fifteen thousand because this is the mahr of her like, and because he is the one who was negligent and did not say, 'Bring her to me so that I can confirm that it is sufficient.' May Allah have mercy on him.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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