The discussion regarding the stipulation in the mahr.
Machine translationRead the Arabic original
The Shaykh : Tell me, Sa'd.
The questioner : ... .
The Shaykh : A man married his full sister, who is his mother's and father's daughter, for two thousand, and stipulated for himself one thousand. What is the ruling?
The questioner : According to the madhhab, it is valid.
The Shaykh : And according to other than the madhhab, it is valid. How is that?
The questioner : According to what the author adopted, this is valid.
The Shaykh : And according to what he did not adopt, it is not valid, Sharafi.
The questioner : This is not correct.
The Shaykh : And what does "not valid" mean? Does it mean the nikah is invalid, or the naming is invalid?
The questioner : The stipulation of the one thousand for her father is invalid.
The Shaykh : That means all the named amount belongs to her; all the named amount belongs to the wife, so the stipulation is not valid. Did you understand? A man married his full sister and said, "Two thousand: one thousand for me and one thousand for her." We say the contract is valid and the mahr is two thousand, but both thousands belong to the wife, and nothing belongs to the brother. Clear? Another man married his daughter for two thousand and stipulated for himself one thousand.
The questioner : ... .
The Shaykh : What is the difference between the brother and the father?
The questioner : ... But the correct view is that one does not stipulate.
The Shaykh : Be patient. We have not yet reached the level of ijtihad where we can validate and weaken.
The questioner : We said that according to the madhhab, it is valid...
The Shaykh : It would be one thousand for her and one thousand for her father. Fine. And the difference between the brother, as we said a moment ago, is that it is valid, and the father gets half the mahr and the wife gets half the mahr. What is the difference?
The questioner : This is her father, who is closer to her...
The Shaykh : May Allah send blessings and peace upon him. Correct, because the Messenger of Allah (peace and blessings be upon him) said: You have done well. Is there another opinion that differs from this?
The questioner : Yes, the money is for her.
The Shaykh : It is all for her, even in the case of the father. Fine. What do we say in response to their argument using the hadith?
The questioner : That Allah the Exalted made it for her. He the Exalted said:[An-Nisa 4:4].
The Shaykh : Fine. They say, "This is evidence for us, not against us: As long as she owns it, it is hers, and her money is for me." The last one. Correct, because she has not yet owned it. If she owns it and takes it, it is what you want, and it belongs to her father. But to stipulate this, it is not valid. Fine. We said that if the stipulation is valid, and he married her with one thousand for her and one thousand for her father, then the naming is valid, and she gets one thousand and her father gets one thousand. But if he divorces her before consummation, yes, correct.
The questioner : ... .
The Shaykh : The one thousand is taken from her alone, and the father gets nothing. Yes, correct.
The questioner : ... .
The Shaykh : You have done well. May Allah reward you. And your statement, "If we concede his view," meaning if we say that this stipulation is valid, because there is a second opinion that says even the father is not allowed to stipulate anything for himself.
The questioner : ... .
The Shaykh : A man married his full sister, who is his mother's and father's daughter, for two thousand, and stipulated for himself one thousand. What is the ruling?
The questioner : According to the madhhab, it is valid.
The Shaykh : And according to other than the madhhab, it is valid. How is that?
The questioner : According to what the author adopted, this is valid.
The Shaykh : And according to what he did not adopt, it is not valid, Sharafi.
The questioner : This is not correct.
The Shaykh : And what does "not valid" mean? Does it mean the nikah is invalid, or the naming is invalid?
The questioner : The stipulation of the one thousand for her father is invalid.
The Shaykh : That means all the named amount belongs to her; all the named amount belongs to the wife, so the stipulation is not valid. Did you understand? A man married his full sister and said, "Two thousand: one thousand for me and one thousand for her." We say the contract is valid and the mahr is two thousand, but both thousands belong to the wife, and nothing belongs to the brother. Clear? Another man married his daughter for two thousand and stipulated for himself one thousand.
The questioner : ... .
The Shaykh : What is the difference between the brother and the father?
The questioner : ... But the correct view is that one does not stipulate.
The Shaykh : Be patient. We have not yet reached the level of ijtihad where we can validate and weaken.
The questioner : We said that according to the madhhab, it is valid...
The Shaykh : It would be one thousand for her and one thousand for her father. Fine. And the difference between the brother, as we said a moment ago, is that it is valid, and the father gets half the mahr and the wife gets half the mahr. What is the difference?
The questioner : This is her father, who is closer to her...
The Shaykh : May Allah send blessings and peace upon him. Correct, because the Messenger of Allah (peace and blessings be upon him) said:
You and your wealth belong to your father
أنت ومالك لأبيكThe questioner : Yes, the money is for her.
The Shaykh : It is all for her, even in the case of the father. Fine. What do we say in response to their argument using the hadith
You and your wealth belong to your father
أنت ومالك لأبيكThe questioner : That Allah the Exalted made it for her. He the Exalted said:
And give the women [upon marriage] their [bridal] gifts graciously
وآتوا النساء صدقاتهن نحلةThe Shaykh : Fine. They say, "This is evidence for us, not against us:
their bridal gifts
صدقاتهنThe questioner : ... .
The Shaykh : The one thousand is taken from her alone, and the father gets nothing. Yes, correct.
The questioner : ... .
The Shaykh : You have done well. May Allah reward you. And your statement, "If we concede his view," meaning if we say that this stipulation is valid, because there is a second opinion that says even the father is not allowed to stipulate anything for himself.