Discussion regarding the delegation of the marriage act and the mahr.
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
We have previously mentioned that there are two types of delegation, one of which is...
The questioner : ... .
The Shaykh : and the second. The first is the delegation of the marriage act, and the second is the delegation of...
The questioner : ... .
The Shaykh : And you did not return to me... I am asking, from after me until now, you have not discussed with me nor asked me. I say: mention the categories. The first is the delegation of the marriage act, and the second is the delegation of the mahr. Now, what is the delegation of the mahr? What is the delegation of the marriage act, O Hajjaj?
The questioner : That the wali marries her off without a mahr.
The Shaykh : That he marries her off without a mahr, saying, "I have married you to my daughter or my sister without a mahr." This is the delegation of the mahr.
The questioner : The delegation of the mahr is that...
The Shaykh : That he marries her off with a mahr as he sees fit. Now, the difference between the delegation of the marriage act, where the mahr is not named, and the second, where it is named but not specified, leaving it to the husband's opinion. What is the ruling in these two cases? In both cases, the mahr of the like is obligatory. Now, who determines the mahr of the like? The legal judges. Now, if they agree on something, there is no harm, because the right belongs to them.
We have previously mentioned that there are two types of delegation, one of which is...
The questioner : ... .
The Shaykh : and the second. The first is the delegation of the marriage act, and the second is the delegation of...
The questioner : ... .
The Shaykh : And you did not return to me... I am asking, from after me until now, you have not discussed with me nor asked me. I say: mention the categories. The first is the delegation of the marriage act, and the second is the delegation of the mahr. Now, what is the delegation of the mahr? What is the delegation of the marriage act, O Hajjaj?
The questioner : That the wali marries her off without a mahr.
The Shaykh : That he marries her off without a mahr, saying, "I have married you to my daughter or my sister without a mahr." This is the delegation of the mahr.
The questioner : The delegation of the mahr is that...
The Shaykh : That he marries her off with a mahr as he sees fit. Now, the difference between the delegation of the marriage act, where the mahr is not named, and the second, where it is named but not specified, leaving it to the husband's opinion. What is the ruling in these two cases? In both cases, the mahr of the like is obligatory. Now, who determines the mahr of the like? The legal judges. Now, if they agree on something, there is no harm, because the right belongs to them.