We stated that the bridal gift is obligatory. If the woman waives her right to the entire bridal gift after consummation, that is permissible for her. If she waives it before consummation, it is not permissible for her.
Machine translationRead the Arabic original
The questioner : If we say... the bridal gift, if the woman waives her right to the entire bridal gift after intercourse.
The Shaykh : Yes.
The questioner : We said that before intercourse, it is not permissible for her to... So what is the difference between the two cases?
The Shaykh : Yes, the difference between the two cases is that when he married her with a bridal gift, it became a debt in the husband's liability. It became a debt. So if she waives it, she has the right to do so. Yes, if we suppose that they named this bridal gift as a ruse and their intention was that it be without compensation, then in that case it is not permissible. For this reason, Allah the Exalted said:[Al-Baqarah 2:237] meaning, so half of what you prescribed for you, or half of what you prescribed upon you, covers both matters.
The questioner : Okay, and before, O Shaykh?
The Shaykh : Yes.
The questioner : Before?
The Shaykh : Before what?
The questioner : That what is her right...
The Shaykh : No, it is valid. This is what the verse itself indicates.
The questioner : Yes, this itself.
The Shaykh : No, a gift of herself means that there is no bridal gift.
The questioner : ... a debt became a debt before, if she said, I do not want it.
The Shaykh : Meaning, she waived it after it was established?
The questioner : Before it was established, she said, I want this man without a bridal gift.
The Shaykh : No, no, that does not work. If she said, I want it without a bridal gift, we said we do not contract the marriage for her.
The questioner : ...
The Shaykh : We said if it is a ruse, it is not permissible.
The questioner : But the difference between the two cases does not appear.
The Shaykh : No, there is a difference between them, there is an apparent difference, because when the contract is made with a bridal gift, it is established in his liability, and he cannot get rid of it except if she waives it, and she must be of sound mind.
The Shaykh : Yes.
The questioner : We said that before intercourse, it is not permissible for her to... So what is the difference between the two cases?
The Shaykh : Yes, the difference between the two cases is that when he married her with a bridal gift, it became a debt in the husband's liability. It became a debt. So if she waives it, she has the right to do so. Yes, if we suppose that they named this bridal gift as a ruse and their intention was that it be without compensation, then in that case it is not permissible. For this reason, Allah the Exalted said:
And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah, of whatever you do, is Seeing.
وإن طلقتموهن وقد فرضتم لهن فريضة فنصف ما فرضتم إلا أن يعفون أو يعفوا الذي بيده عقدة النكاحThe questioner : Okay, and before, O Shaykh?
The Shaykh : Yes.
The questioner : Before?
The Shaykh : Before what?
The questioner : That what is her right...
The Shaykh : No, it is valid. This is what the verse itself indicates.
The questioner : Yes, this itself.
The Shaykh : No, a gift of herself means that there is no bridal gift.
The questioner : ... a debt became a debt before, if she said, I do not want it.
The Shaykh : Meaning, she waived it after it was established?
The questioner : Before it was established, she said, I want this man without a bridal gift.
The Shaykh : No, no, that does not work. If she said, I want it without a bridal gift, we said we do not contract the marriage for her.
The questioner : ...
The Shaykh : We said if it is a ruse, it is not permissible.
The questioner : But the difference between the two cases does not appear.
The Shaykh : No, there is a difference between them, there is an apparent difference, because when the contract is made with a bridal gift, it is established in his liability, and he cannot get rid of it except if she waives it, and she must be of sound mind.