The ruling on marriage without specifying a named mahr
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Question:
At the beginning of this episode, we return to the message from listener Muhammad ibn Ali Hamdan Tihami. I have three children, and my deceased brother had three daughters and two sons. When my brother passed away, I married my children to his daughters without a mahr or anything else, on the basis that when my children grow up, I will marry them to my daughters. And when my daughter grew up, I married her to another man, and I did not give them anything. What is the ruling on that?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, and may Allah send prayers and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
This marriage is valid, and praise be to Allah, and may Allah reward you with good; because you have done well and acted from the perspective of maintaining family ties, and there is no blame on you for that. However, the mahr is due to them, the mahr for your brother’s daughters is upon your children; because a mahr is necessary. But if they waive that, then there is no blame after that; because Allah said: [Surat al-Nisa:4] And it is not...
The presenter: Could you repeat the verse, if you please, Your Eminence the Shaykh?
The Shaykh: Allah (Exalted and Majestic is He) says: [Surat al-Nisa:4] If the daughters waive the mahr, then there is no blame in that after they reach maturity, otherwise the mahr is obligatory for them.
As for you, if you married your daughters to his sons, you have done well; otherwise, it is not obligatory. Also, their consent is necessary, the consent of the daughters is necessary. If the daughters do not agree to your brother’s sons, do not force them. If they agree, marry them to your brother’s sons, and let this not be shigar; because this is merely an intention in your heart, so let it not be shigar.
But if they had stipulated it upon you, if they were adults and stipulated it upon you, it would be shigar, and shigar is not permissible. But as long as they were minors, and you intended to marry them to your daughters, and then you married some of your daughters to others, there is no blame in that, and it does not become shigar, and praise be to Allah. Yes.
The presenter: May Allah reward you with good.
At the beginning of this episode, we return to the message from listener Muhammad ibn Ali Hamdan Tihami. I have three children, and my deceased brother had three daughters and two sons. When my brother passed away, I married my children to his daughters without a mahr or anything else, on the basis that when my children grow up, I will marry them to my daughters. And when my daughter grew up, I married her to another man, and I did not give them anything. What is the ruling on that?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, and may Allah send prayers and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
This marriage is valid, and praise be to Allah, and may Allah reward you with good; because you have done well and acted from the perspective of maintaining family ties, and there is no blame on you for that. However, the mahr is due to them, the mahr for your brother’s daughters is upon your children; because a mahr is necessary. But if they waive that, then there is no blame after that; because Allah said:
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 مَرِيئًاThe presenter: Could you repeat the verse, if you please, Your Eminence the Shaykh?
The Shaykh: Allah (Exalted and Majestic is He) says:
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 مَرِيئًاAs for you, if you married your daughters to his sons, you have done well; otherwise, it is not obligatory. Also, their consent is necessary, the consent of the daughters is necessary. If the daughters do not agree to your brother’s sons, do not force them. If they agree, marry them to your brother’s sons, and let this not be shigar; because this is merely an intention in your heart, so let it not be shigar.
But if they had stipulated it upon you, if they were adults and stipulated it upon you, it would be shigar, and shigar is not permissible. But as long as they were minors, and you intended to marry them to your daughters, and then you married some of your daughters to others, there is no blame in that, and it does not become shigar, and praise be to Allah. 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.