The Ruling on the Mahr
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Question:
The questioner: Is the mahr one of the pillars of marriage? What is the evidence for that? May Allah reward you with good.
Answer:
The mahr is not one of its pillars, nor one of its conditions, but it is necessary; because Allah says—when He mentioned marriage—: [Surat al-Nisa: 24]. If he marries her without a mahr, she is entitled to the mahr of her like, and the marriage is valid. If he says, "I have married you," and the woman's guardian says to the groom, "I have married you, and she is willing," and the groom says, "I accept," in the presence of two witnesses, and there are no impediments, the marriage is valid, provided the woman has no impediment to marriage, is not forbidden to the husband, is not in a state of ihram, is not in a waiting period, has no impediment to marriage, and is willing, and her guardian married her, and she accepted, and the husband accepted in the presence of two witnesses; the marriage is valid, even if no mahr was specified. However, she is entitled to the mahr of her like, because the Prophet (peace and blessings be upon him) ruled accordingly in the hadith of Ma'qil ibn Sinan al-Ashe'ari: that a man married a woman and did not specify a mahr for her, and he died before consummating the marriage, so the Prophet (peace and blessings be upon him) said: Jami` at-Tirmidhi 1145Sahih (Darussalam).
The point is: this is the ruling for one who marries and does not specify a mahr, that she is entitled to the mahr of her like, whether he is alive or dead. If he dies, she is given from his estate. If he is alive, he must deliver the mahr to her if he has intercourse with her, or if he is alone with her, if he has intercourse with her, or if he is alone with her.
As for if he contracted the marriage and then divorced her; then she is entitled to a gift (mut'ah), he gives her a gift of what Allah has made easy, of clothing or money, by the saying of Allah the Exalted: [Surat al-Ahzab: 49]. And He the Exalted said: [Surat al-Baqarah: 236]. So she is not entitled to the mahr of her like in this case, but he gives her a gift, according to the capacity of the wealthy, and according to the capacity of the poor. The wealthy gives her a slave woman, or the mahr of her like, or less than that according to what is feasible. And the poor, even with a little, even with clothing. It was reported from Ibn Abbas (may Allah be pleased with them both): "The highest gift is a slave woman, and the lowest is clothing."
And the point of this is: that the wealthy gives a better gift than the poor. The wealthy gives something fine, of a slave woman he gives her, meaning: a slave, or a lot of money, meaning: approximating the mahr, or approximating half the mahr. He gives her something that is considered above what the poor man gives her. And the poor man gives according to his ability, of suitable clothing according to his capacity, or dirhams. Allah (Exalted and Majestic is He) was general and did not specify. Yes.
The presenter: May Allah reward you with good.
The questioner: Is the mahr one of the pillars of marriage? What is the evidence for that? May Allah reward you with good.
Answer:
The mahr is not one of its pillars, nor one of its conditions, but it is necessary; because Allah says—when He mentioned marriage—:
And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property
وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ أَنْ تَبْتَغُوا بِأَمْوَالِكُمْShe gets the same dowry as other women, no less and no more, she has to observe the Iddah, and she gets inheritance.
لها مهر نسائها، لا وكس، ولا شطط، وعليها العدة، ولها الميراثThe point is: this is the ruling for one who marries and does not specify a mahr, that she is entitled to the mahr of her like, whether he is alive or dead. If he dies, she is given from his estate. If he is alive, he must deliver the mahr to her if he has intercourse with her, or if he is alone with her, if he has intercourse with her, or if he is alone with her.
As for if he contracted the marriage and then divorced her; then she is entitled to a gift (mut'ah), he gives her a gift of what Allah has made easy, of clothing or money, by the saying of Allah the Exalted:
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release.
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًاThere is no blame upon you if you divorce women you have not touched nor specified for them an obligation. But give them [a gift of] compensation - the wealthy according to his capability and the poor according to his capability - a provision according to what is acceptable, a duty upon the doers of good.
لا جُنَاحَ عَلَيْكُمْ إِنْ طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدَرُهُ مَتَاعًا بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَAnd the point of this is: that the wealthy gives a better gift than the poor. The wealthy gives something fine, of a slave woman he gives her, meaning: a slave, or a lot of money, meaning: approximating the mahr, or approximating half the mahr. He gives her something that is considered above what the poor man gives her. And the poor man gives according to his ability, of suitable clothing according to his capacity, or dirhams. Allah (Exalted and Majestic is He) was general and did not specify. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
