Discussion regarding the disagreement between spouses over the receipt of the mahr.
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The Shaykh : And it reverts to the mahr of the like, and Allah the Exalted says: [An-Nisa 4:58] Now, the second issue I want to ask about is if they disagree over the receipt of the mahr.
The questioner : The wife’s statement is to be accepted.
The Shaykh : He says, “I gave you the mahr,” and she says, “You did not give it to me.” The wife’s statement? Why? Bring evidence.
The questioner :Bulugh al-Maram 1423 .
The Shaykh : Who is the claimant?
The questioner : The claimant is the wife.
The Shaykh : Then the oath is upon her, and the proof is upon her.
The questioner : The claimant is the husband, the claimant against her.
The Shaykh : The claimant is the husband, how do you think?
The questioner : The husband claims that he gave the mahr.
The Shaykh : And she claims that he did not give it to her. Is this expression correct, or is the correct expression that she denies that he gave it to her? And what do you say, people? The second one: the claimant is established as the husband, so he is the claimant, and we say the proof is upon the claimant. This is from the perspective of the textual evidence. From the perspective of theoretical evidence, the original state is that the mahr was not received.
when you judge between people to judge with justice
إذا حكمتم بين الناس أن تحكموا بالعدلThe questioner : The wife’s statement is to be accepted.
The Shaykh : He says, “I gave you the mahr,” and she says, “You did not give it to me.” The wife’s statement? Why? Bring evidence.
The questioner :
But the proof (Bayyinah) lies on the one who is making the claim, and the other (Yamin) must be taken by the one who rejects the claim.
البينة على من المدعي واليمين على من أنكرThe Shaykh : Who is the claimant?
The questioner : The claimant is the wife.
The Shaykh : Then the oath is upon her, and the proof is upon her.
The questioner : The claimant is the husband, the claimant against her.
The Shaykh : The claimant is the husband, how do you think?
The questioner : The husband claims that he gave the mahr.
The Shaykh : And she claims that he did not give it to her. Is this expression correct, or is the correct expression that she denies that he gave it to her? And what do you say, people? The second one: the claimant is established as the husband, so he is the claimant, and we say the proof is upon the claimant. This is from the perspective of the textual evidence. From the perspective of theoretical evidence, the original state is that the mahr was not received.