We said that if a woman finds a defect in the man, if it is before consummation and seclusion, she is entitled to nothing; and if it is after consummation and seclusion, the scholars differed.
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The Shaykh : We said that if a woman finds a defect in the man, if it is before consummation and seclusion, meaning she is not entitled to the mahr; and if it is after consummation and seclusion, the scholars differed on this. Some said: she is entitled to nothing because the separation came from her side, and some said: she is entitled to half the mahr.
The Shaykh : When is this?
The questioner : After consummation and seclusion.
The Shaykh : No, we did not say that. What did we say, people?
The student: ...
The Shaykh : Fine.
The student: ...
The Shaykh : Do not ask. What is your answer?
The student: My answer is if the defect was found before he entered her.
The Shaykh : She found the defect in the husband now.
The student: She?
The Shaykh : Yes.
The student: She found the defect, so if she found the defect before he entered her, she is entitled to half the mahr.
The Shaykh : She is entitled to half the mahr.
The student: Because it is gharar, and some jurists said she is not entitled to it.
The Shaykh : She is not entitled to anything. Why?
The student: She is not entitled to it.
The Shaykh : Why?
The student: Because she has no right to annul the contract.
Another student: Me?
The Shaykh : Yes, you.
The student: Because she can be patient and accept him.
The Shaykh: The separation is from her side. Now, what is the second opinion, which is the correct one?
The student: That she is entitled to half.
The Shaykh : That the separation is from his side, so she is entitled to half. This is if it is before consummation. But after consummation or seclusion, she is entitled to the full mahr. Yes?
The Shaykh : When is this?
The questioner : After consummation and seclusion.
The Shaykh : No, we did not say that. What did we say, people?
The student: ...
The Shaykh : Fine.
The student: ...
The Shaykh : Do not ask. What is your answer?
The student: My answer is if the defect was found before he entered her.
The Shaykh : She found the defect in the husband now.
The student: She?
The Shaykh : Yes.
The student: She found the defect, so if she found the defect before he entered her, she is entitled to half the mahr.
The Shaykh : She is entitled to half the mahr.
The student: Because it is gharar, and some jurists said she is not entitled to it.
The Shaykh : She is not entitled to anything. Why?
The student: She is not entitled to it.
The Shaykh : Why?
The student: Because she has no right to annul the contract.
Another student: Me?
The Shaykh : Yes, you.
The student: Because she can be patient and accept him.
The Shaykh: The separation is from her side. Now, what is the second opinion, which is the correct one?
The student: That she is entitled to half.
The Shaykh : That the separation is from his side, so she is entitled to half. This is if it is before consummation. But after consummation or seclusion, she is entitled to the full mahr. Yes?