The discussion regarding the disagreement between spouses concerning the specific item of the bridal gift.
Machine translationRead the Arabic original
The Shaykh : ... And we take up one or two issues. A woman claimed against her husband that he had given her this car as her bridal gift, but he said, "No, it was the other car." Whose word is accepted? The question is: the woman said, "You gave me this car as my bridal gift," and he said, "No, it was this other car." Whose word is it? The husband's word. What is the evidence?
The questioner : The evidence is the saying of the Prophet (peace and blessings be upon him)Bulugh al-Maram 1423 .
The Shaykh : All right, she claims that he gave her this, and he says no. The second reasoning is theoretical: the husband is in debt, and for anyone in debt, his word is accepted. May Allah reward you. It seems to me that you want to exclude something from this.
The questioner : Unless the car the woman claims is one whose value is consistent with custom or common practice. In that case, we say her word is accepted.
The Shaykh : Unless the husband's claim contradicts custom and common practice. For example, if he says, "I gave you this car as your bridal gift," but it is worth only one-tenth of the customary mahr. In that case, her word is accepted. Now, suppose her claim is far above custom. Let's say the mahr for a woman like this is twenty thousand, and this car is worth fifty thousand. What do we say? Her word or his? This car is worth five thousand. This car is worth nothing at all, except five thousand. The battery is worn out, the fenders are worn out, everything is worn out.
The questioner : ... .
The Shaykh : Yes, exactly. Suppose you are a judge now, between two spouses, each claiming something that contradicts common practice.
The questioner : The man's word is accepted.
The Shaykh : The husband's claim contradicts common practice.
The questioner : Because he is the one who owes the excess.
The Shaykh : That is correct, but she is also wronged. Is it reasonable that this woman—let's assume she is of average status among women—would have a mahr of a car worth only five thousand, while the mahr for her peers is twenty thousand? What do you say, O judges? I see that both claims should be discarded, because each of their claims contradicts common practice. We revert to the mahr of the like (mahr al-mithl). This is the closest thing to justice. We do not accept the husband's claim over hers, nor the wife's claim over his. We say the closest thing is to invalidate both their claims and revert to the mahr of the like. And Allah, Mighty and Majestic, says:[An-Nisa 4:58] All right, the second issue I want to ask about is if they disagree regarding the receipt of the bridal gift.
The questioner : The wife's word is accepted if they disagree regarding receipt.
The Shaykh : He says, "I gave you the bridal gift," and she says, "You did not give it to me." The wife's word is accepted. Why? Give the 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 wife.
The questioner : The evidence is the saying of the Prophet (peace and blessings be upon him)
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 مدعي واليمين على من أنكرThe Shaykh : All right, she claims that he gave her this, and he says no. The second reasoning is theoretical: the husband is in debt, and for anyone in debt, his word is accepted. May Allah reward you. It seems to me that you want to exclude something from this.
The questioner : Unless the car the woman claims is one whose value is consistent with custom or common practice. In that case, we say her word is accepted.
The Shaykh : Unless the husband's claim contradicts custom and common practice. For example, if he says, "I gave you this car as your bridal gift," but it is worth only one-tenth of the customary mahr. In that case, her word is accepted. Now, suppose her claim is far above custom. Let's say the mahr for a woman like this is twenty thousand, and this car is worth fifty thousand. What do we say? Her word or his? This car is worth five thousand. This car is worth nothing at all, except five thousand. The battery is worn out, the fenders are worn out, everything is worn out.
The questioner : ... .
The Shaykh : Yes, exactly. Suppose you are a judge now, between two spouses, each claiming something that contradicts common practice.
The questioner : The man's word is accepted.
The Shaykh : The husband's claim contradicts common practice.
The questioner : Because he is the one who owes the excess.
The Shaykh : That is correct, but she is also wronged. Is it reasonable that this woman—let's assume she is of average status among women—would have a mahr of a car worth only five thousand, while the mahr for her peers is twenty thousand? What do you say, O judges? I see that both claims should be discarded, because each of their claims contradicts common practice. We revert to the mahr of the like (mahr al-mithl). This is the closest thing to justice. We do not accept the husband's claim over hers, nor the wife's claim over his. We say the closest thing is to invalidate both their claims and revert to the mahr of the like. And Allah, Mighty and Majestic, says:
when you judge between people to judge with justice
إذا حكمتم بين الناس أن تحكموا بالعدلThe questioner : The wife's word is accepted if they disagree regarding receipt.
The Shaykh : He says, "I gave you the bridal gift," and she says, "You did not give it to me." The wife's word is accepted. Why? Give the 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 wife.