Is the fixing of mahr analogous to the fixing of prices?
Machine translationRead the Arabic original
The questioner : A second question for you. When we got married, I was talking to you, and I told him, "By Allah, we Salafis, generally speaking, have come to have the mahr fixed at one thousand Syrian pounds at that time."
The student : It is not fixed.
The questioner : No, no, that is how I understood it from you, that you mean now they know your wife, my wife, so-and-so's wife, meaning they made it a custom to reduce the mahr, that one thousand Syrian pounds is a simple thing, meaning easy. So I say this is also understood as a fixing. Is this not permissible, or what?
The student : It is not a fixing. Rather, I said that on that day regarding myself, and then some people came after me and imitated me and did that. But it is not a fixing, so people may marry for less, and they may marry for more.
The questioner : By Allah, a question here, if you permit me, by Allah. He reminded me of the issue of fixing. The Messenger of Allah (peace and blessings be upon him) forbade fixing prices.
The Shaykh: Yes.
The questioner : And he said:Sunan Ibn Majah 2200Sahih (Darussalam) and so on. So if, for example, now, as you know, mahr is very high and the young men are unable to afford it, if the mahr were fixed, is it analogous to fixing prices, O our Shaykh?
The Shaykh : You got ahead of me, may Allah reward you... Yesterday, no, the day before yesterday, a question came to me from Algeria regarding the core of the subject. He said: "In our village, the people of the village agreed to fix the mahr of women, because the mahr had risen very much. So the entire village agreed to fix the mahr at dinars, I do not know how many they called it. Is this permissible in Islam?" So here is the point, my answer was as follows: I said, if the people of the village, in order to prevent the harm of high mahr, agree to fix these mahr, on the condition that no fitnah (trial, discord or temptation) arises from that between some of them and others, then this is a permissible matter.
The student : Is it not analogous to prices?
Another student: It is permissible from one side, and it does not prevent less than that if the one who is pleased is pleased.
The Shaykh : And it does not prevent more, but on the condition that no fitnah (trial, discord or temptation) arises between them.
The student : No, the more becomes a disagreement for them, but the less is what they did not want, so it is achieved.
Another student: Preventing the more means in your view, Shaykh Ali.
The Shaykh : They also do not accept the less. The important thing is to observe not stirring up fitnah (trial, discord or temptation) with this fixing, whether it is much or little.
The student: This.
The Shaykh : The man is speaking.
The student : If this is a person.
The Shaykh : Because it is the second time, if you speak, he does not interrupt you. Yes.
The student : It is counted as one against him.
The Shaykh: Yes.
The questioner : If a person came like Malik, like Asim,The Shaykh : Ali said: "I want to pay a dinar, this dinar, and this is what he mentioned, and there is no dowry or anything." He said, "This is the mahr I want to pay." So here, the one like the brother Ali in this time, does he have to speak about the mahr and say, "I do not want more or less or anything?" And this dowry, he did not know about it. So this...?
The Shaykh : Yes, but I see that you are asking questions that are not very practical. My answer to what you asked is that this varies according to the father and the proposed daughter. If he sees that this daughter, first, this suitor is in the good opinion of the wali (the bride's guardian) of the daughter and in her desire, yes, he does not have the right to ask for an increase from him. But if he knows from his daughter that she desires more money, he has that right.
The student : And he is rich.
The Shaykh : Leave me alone, my brother. Rich, average, we do not care about the details.
The student : He has the right to ask.
The Shaykh : He has it. What is the obstacle? What is the obstacle?
The student : I mean, when the Messenger of Allah (peace and blessings be upon him) married Fatimah to Ali, he said to him:Sunan ad-Darimi 11:35 ... So he stipulated that he should give her something before the consummation.
Another student: Even if it is after the consummation.
Another student: Even if it is after the consummation, it is permissible for him to.
The Shaykh : What is this gold, what is this? I am asking a question.
The student : This is borage.
The Shaykh : Excuse me. I am not finished, borage.
The student : If you left this and drank this.
The Shaykh : Combining is permissible, O professor.
The student : Mixing is also permissible.
Another student: No... patching together.
The Shaykh : Patching together.
The student : And also the opposite, if he came and said, "I want to pay thousands upon thousands," there is no harm.
The Shaykh : Here comes a verse:.
The student : Yes, there is no harm, yes.
Another student: The matter should not be out of stinginess, and the matter should also not be out of boasting. So if it is out of stinginess, then it is said to this one, for example, if he owns and is able and it is possible for him to give: "This is not for someone like you." And as for the one who is doing it for boasting, it is said to him, "Stop this, it corrupts people and makes them arrogant." So he is advised in this in both cases. Here there is no room for sleeping in the mosque.
The student : It is not fixed.
The questioner : No, no, that is how I understood it from you, that you mean now they know your wife, my wife, so-and-so's wife, meaning they made it a custom to reduce the mahr, that one thousand Syrian pounds is a simple thing, meaning easy. So I say this is also understood as a fixing. Is this not permissible, or what?
The student : It is not a fixing. Rather, I said that on that day regarding myself, and then some people came after me and imitated me and did that. But it is not a fixing, so people may marry for less, and they may marry for more.
The questioner : By Allah, a question here, if you permit me, by Allah. He reminded me of the issue of fixing. The Messenger of Allah (peace and blessings be upon him) forbade fixing prices.
The Shaykh: Yes.
The questioner : And he said:
Indeed Allah is the Musa'ir, [1] the Qabid, (Restrainer) the Basit,[2]
إن الله هو المسعِّر الباسط القابضThe Shaykh : You got ahead of me, may Allah reward you... Yesterday, no, the day before yesterday, a question came to me from Algeria regarding the core of the subject. He said: "In our village, the people of the village agreed to fix the mahr of women, because the mahr had risen very much. So the entire village agreed to fix the mahr at dinars, I do not know how many they called it. Is this permissible in Islam?" So here is the point, my answer was as follows: I said, if the people of the village, in order to prevent the harm of high mahr, agree to fix these mahr, on the condition that no fitnah (trial, discord or temptation) arises from that between some of them and others, then this is a permissible matter.
The student : Is it not analogous to prices?
Another student: It is permissible from one side, and it does not prevent less than that if the one who is pleased is pleased.
The Shaykh : And it does not prevent more, but on the condition that no fitnah (trial, discord or temptation) arises between them.
The student : No, the more becomes a disagreement for them, but the less is what they did not want, so it is achieved.
Another student: Preventing the more means in your view, Shaykh Ali.
The Shaykh : They also do not accept the less. The important thing is to observe not stirring up fitnah (trial, discord or temptation) with this fixing, whether it is much or little.
The student: This.
The Shaykh : The man is speaking.
The student : If this is a person.
The Shaykh : Because it is the second time, if you speak, he does not interrupt you. Yes.
The student : It is counted as one against him.
The Shaykh: Yes.
The questioner : If a person came like Malik, like Asim,The Shaykh : Ali said: "I want to pay a dinar, this dinar, and this is what he mentioned, and there is no dowry or anything." He said, "This is the mahr I want to pay." So here, the one like the brother Ali in this time, does he have to speak about the mahr and say, "I do not want more or less or anything?" And this dowry, he did not know about it. So this...?
The Shaykh : Yes, but I see that you are asking questions that are not very practical. My answer to what you asked is that this varies according to the father and the proposed daughter. If he sees that this daughter, first, this suitor is in the good opinion of the wali (the bride's guardian) of the daughter and in her desire, yes, he does not have the right to ask for an increase from him. But if he knows from his daughter that she desires more money, he has that right.
The student : And he is rich.
The Shaykh : Leave me alone, my brother. Rich, average, we do not care about the details.
The student : He has the right to ask.
The Shaykh : He has it. What is the obstacle? What is the obstacle?
The student : I mean, when the Messenger of Allah (peace and blessings be upon him) married Fatimah to Ali, he said to him:
Give it to her. He said: "I do not find it." He said: "Give her your Khutmi armor"
أعطها . قال : لا أجد . قال : أعطِها درعك الخطميAnother student: Even if it is after the consummation.
Another student: Even if it is after the consummation, it is permissible for him to.
The Shaykh : What is this gold, what is this? I am asking a question.
The student : This is borage.
The Shaykh : Excuse me. I am not finished, borage.
The student : If you left this and drank this.
The Shaykh : Combining is permissible, O professor.
The student : Mixing is also permissible.
Another student: No... patching together.
The Shaykh : Patching together.
The student : And also the opposite, if he came and said, "I want to pay thousands upon thousands," there is no harm.
The Shaykh : Here comes a verse:
And you gave one of them a qintar
وَآتَيْتُمْ إِحْدَاهُنَّ قِنْطَارًاThe student : Yes, there is no harm, yes.
Another student: The matter should not be out of stinginess, and the matter should also not be out of boasting. So if it is out of stinginess, then it is said to this one, for example, if he owns and is able and it is possible for him to give: "This is not for someone like you." And as for the one who is doing it for boasting, it is said to him, "Stop this, it corrupts people and makes them arrogant." So he is advised in this in both cases. Here there is no room for sleeping in the mosque.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
