The Ruling on Consummating the Marriage Before Giving the Bride Her Mahr
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Question:
A listener, Abdul-Mu'ti Abdul-Majid, sent a message containing a question in which he says: I read in one of the books of hadiths about the Prophet (peace and blessings be upon him) two hadiths:
From Ibn Abbas (may Allah be pleased with them both), who said: When Ali married Fatimah (may Allah be pleased with her), he wanted to consummate the marriage, but the Messenger of Allah (peace and blessings be upon him) prevented him until he gave her something. He said: I have nothing. So he (peace and blessings be upon him) said: So he gave her his armor, and then he consummated the marriage. It was narrated by Abu Dawud and al-Nasa'i.
As for the other hadith, it is from Aisha (may Allah be pleased with her), who said: "The Messenger of Allah (peace and blessings be upon him) ordered me to let a woman enter her husband's presence before he gave her anything." It was narrated by Abu Dawud. I have found, with my limited insight, a difference, or contradiction, between these two hadiths in terms of meaning, intent, and result, despite the strength of their chains. Have you permitted me, O Noble Shaykh, to enlighten me and explain these two hadiths to me well? May Allah reward you with good.
Answer:
The first and best option is to give the wife her mahr and what was agreed upon between them. If she permits it and delays it, there is no blame on him. The story of Fatimah (may Allah be pleased with her) is perhaps that she refused to let him consummate the marriage until he gave her something, so the Prophet (peace and blessings be upon him) ordered that, ordering Ali to give her the Huthami armor, and then he consummated the marriage. Perhaps the reason was that Fatimah wanted that and asked for it, and this is her right. Therefore, he (peace and blessings be upon him) ordered him to hand it over to her, meaning the armor. As for the other woman, she was content, so there is no blame.
The point is: the mahr is the right of the woman. If she asks for it and it is immediate, not deferred, then he is obligated to hand it over to her, and she is not obligated to hand over her person until he gives her the mahr she stipulated, or her wali stipulated with her consent. However, if the mahr is deferred, or she permits it to be deferred and delayed for him, then the right is hers and there is no blame.
So the hadith of Fatimah... the story of Fatimah is understood to mean that Fatimah (may Allah be pleased with her) was not content except with the presentation of the armor, or that the Prophet (peace and blessings be upon him) saw that presenting the armor was necessary for reasons that required it. The texts do not contradict one another, nor does one negate the other; rather, they are in agreement, explaining one another and clarifying one another.
And this is the reconciliation of the texts: if the woman stipulates that her mahr be presented to her, then it is presented. Likewise, if she stipulates that part of it be presented, what she stipulated is presented, and what she agreed to be deferred is deferred, and there is no blame. Even if she stipulated that it be presented, if she permits it, delays it for him, or waives it from him, there is no blame, if she is of sound mind, she has the right to waive it entirely. Allah (Exalted and Majestic is He) said in His Noble Book: [Al-Nisa: 4]. If she is pleased with some of the mahr, or all of it, there is nothing wrong with the husband consuming it with ease and comfort, if she is of sound mind. So this matter returns to the woman, and her awliya look into the woman's case... If the woman of sound mind, or her awliya, see that the mahr should be presented, it is presented. If they see that it should be deferred, it is deferred. If they see that part of it should be deferred and part of it presented, there is no blame. Yes.
A listener, Abdul-Mu'ti Abdul-Majid, sent a message containing a question in which he says: I read in one of the books of hadiths about the Prophet (peace and blessings be upon him) two hadiths:
From Ibn Abbas (may Allah be pleased with them both), who said: When Ali married Fatimah (may Allah be pleased with her), he wanted to consummate the marriage, but the Messenger of Allah (peace and blessings be upon him) prevented him until he gave her something. He said: I have nothing. So he (peace and blessings be upon him) said:
Give her your armor
أعطها درعكAs for the other hadith, it is from Aisha (may Allah be pleased with her), who said: "The Messenger of Allah (peace and blessings be upon him) ordered me to let a woman enter her husband's presence before he gave her anything." It was narrated by Abu Dawud. I have found, with my limited insight, a difference, or contradiction, between these two hadiths in terms of meaning, intent, and result, despite the strength of their chains. Have you permitted me, O Noble Shaykh, to enlighten me and explain these two hadiths to me well? May Allah reward you with good.
Answer:
The first and best option is to give the wife her mahr and what was agreed upon between them. If she permits it and delays it, there is no blame on him. The story of Fatimah (may Allah be pleased with her) is perhaps that she refused to let him consummate the marriage until he gave her something, so the Prophet (peace and blessings be upon him) ordered that, ordering Ali to give her the Huthami armor, and then he consummated the marriage. Perhaps the reason was that Fatimah wanted that and asked for it, and this is her right. Therefore, he (peace and blessings be upon him) ordered him to hand it over to her, meaning the armor. As for the other woman, she was content, so there is no blame.
The point is: the mahr is the right of the woman. If she asks for it and it is immediate, not deferred, then he is obligated to hand it over to her, and she is not obligated to hand over her person until he gives her the mahr she stipulated, or her wali stipulated with her consent. However, if the mahr is deferred, or she permits it to be deferred and delayed for him, then the right is hers and there is no blame.
So the hadith of Fatimah... the story of Fatimah is understood to mean that Fatimah (may Allah be pleased with her) was not content except with the presentation of the armor, or that the Prophet (peace and blessings be upon him) saw that presenting the armor was necessary for reasons that required it. The texts do not contradict one another, nor does one negate the other; rather, they are in agreement, explaining one another and clarifying one another.
And this is the reconciliation of the texts: if the woman stipulates that her mahr be presented to her, then it is presented. Likewise, if she stipulates that part of it be presented, what she stipulated is presented, and what she agreed to be deferred is deferred, and there is no blame. Even if she stipulated that it be presented, if she permits it, delays it for him, or waives it from him, there is no blame, if she is of sound mind, she has the right to waive it entirely. Allah (Exalted and Majestic is He) said in His Noble Book:
But if they give up willingly to you anything of it, then take it in satisfaction and ease.
فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًا
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
