And the like mahr is obligatory for a woman who was penetrated under a doubt or through coerced zina, and no compensation for virginity is obligatory with it, and the woman has the right to withhold herself until she receives the due mahr.
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The Shaykh :"And the like mahr is obligatory for a woman who was penetrated under a doubt or through coerced zina" This establishes the mahr without a contract. This is something that makes the mahr obligatory without a contract. A woman who was penetrated under a doubt—whether a doubt regarding the contract or a doubt regarding belief. A doubt regarding the contract is when he contracts with her in a void contract and does not know until after the contract, like the example we mentioned: if he contracts with her and then it turns out she is his sister through breastfeeding, the contract is void, and the doubt is in the contract, not in belief? A contract, good. A doubt regarding belief is when he penetrates a woman he thinks is his wife, he thinks she is his wife, like if he came to his bed and found a woman sleeping in it, and due to the strength of desire, he did not think, so he penetrated her. This is a doubt of what? A doubt of belief, because he believed she was his wife. So what is obligatory for this woman who was penetrated under a doubt of contract or belief? He says: The like mahr is obligatory for her, because he made her lawful through penetration, and the Prophet (peace and blessings be upon him) said: "For her is the mahr for what you made lawful of her private parts." He said: "If he penetrated her through zina" It is of two types: that it be by her choice, in which case there is no mahr for her, because she is the one who wasted this thing upon herself; or that it be by coercion, in which case the like mahr is for her, even if the perpetrator is a minor, as happens with some minors who play around with some young girls. Is the like mahr obligatory upon him? Yes. And what do you say? It is obligatory. And this is because the destruction of the rights of people makes no difference between the minor and the adult, or between intentional and accidental. And this is a serious issue because it may happen from some boys in a state of recklessness, so the like mahr is obligatory upon them. Good. The hadd does not apply because it must be committed by an adult, sane person who knows the prohibition. Good. "And no compensation for virginity is obligatory with it" Meaning, with the like mahr, no compensation for virginity. If he—may Allah grant us safety—commits zina with a virgin woman, she will be a non-virgin after the virginity. The like mahr is obligatory upon him. Is the compensation for virginity obligatory upon him? No, because the compensation for virginity is included in the like mahr. Since we will estimate the mahr of her like as if she is a virgin, and not as if she is a non-virgin? As if she is a virgin. So if we estimate the mahr of her like as if she is a virgin, this means that the compensation for virginity is included in the like mahr, so there is no need for him to guarantee it twice. "And the woman has the right to withhold herself until she receives the due mahr" A woman whom a man married with a mahr, but he did not send the mahr, so he asked her to allow him to enter, and she said: No, give me the mahr. He said: Allah will bring the mahr. Yes, she has the right to withhold herself until she receives the due mahr, because it is feared that she will allow him access to herself and then he will continue to delay this mahr. So we say now: the matter is in your hand; you have the right to withhold yourself until you receive the due mahr.
