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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on the bride's guardian specifying her mahr?

Machine translationRead the Arabic original
The questioner : May Allah bless you. This question is mine. The answer relates to our brother Abu Malik, Shaykh Nasser, and Shaykh Ali. Because in that session, there was a discussion...The Shaykh : Ali answered and spoke on the topic of plural marriage, and our beloved brother Abu Malik spoke on the topic of...
The student : ... .

The questioner : No, no, the topic of the mahr. And I... the matter of brother Ali... what I know is that the mahr that brother Nasser paid was one thousand dinars... dinars. Brother Ali tells me, "I know nothing; I was not present." But what was written in the contract was one dinar. So I said, "They said one thousand." What is the status of this one thousand, Abu Malik? This is a question for you. The second question is that brother Ali... if, for example, your daughter received one thousand or took one thousand, did... meaning, the daughter does not say to him, "I received one thousand" or anything like that. This is a passing question.
The student : The matter of giving one thousand? She said: They took one thousand. But is it mahr? Is it not mahr? I do not know.

The questioner : This is what we want to know.

The Shaykh : Is it a gift? Is it?
The student : A gift, a present.

The questioner : Here, this is considered a gift, a present. This gift is not the mahr, and it is not called mahr. So, is there a difference between a gift and the mahr, Abu Malik? A marriage has a mahr.
The student : No, the word "gift" (nahlah) is used linguistically for the mahr, yes. And "gift" linguistically means a present without compensation; it has no compensation. So the mahr is called a gift and is called a mahr. And "gift" is broader than "mahr," and "mahr" is more specific than "gift."
Another student: And the mahr is also called a wage.
Another student: Yes, it is known.
Another student: I say, meaning, our beloved Abu Malik had to clarify this matter for our brothers. The brothers knew that there was only this one dinar. Then, a question now for my uncle.
Another student: No, I mean, what is the matter? Clarify these topics.

The questioner : You are now telling people about reducing mahr.
Another student: Yes, yes, reducing mahr.

The questioner : That no one... now the question is for my uncle. Do you want something?
Another student: Yes, meaning, regarding your statement that it should be clarified: the mahr, however little it is, even if it is one dinar, if she is satisfied with it, that suffices and it is done. But the topic of being clothed in a good manner is another matter. Also, she may be satisfied with a little, and what people ask for may be a lot...
Another student: I swear by Allah, and before you all, that Ali...
Another student: May Allah reward him with good and bless him.
Another student: I swear by Allah, he raised him and gave him good upbringing.
Another student: Praise be to Allah. I swear by Allah, if we were not Salafis and this upbringing was not evident among the Salafis, is every Salafi like this in raising his children?
Another student: May Allah will it, every Salafi raises his children like this.
Another student: My opinion, Mr. Nizam, is that what you mentioned is that the giving is not limited. I had the same thing with my daughter. When they came, they said, I said to them, "Okay, what do we record?" I said, "Record one dinar." I do not want to clothe her myself if you want to clothe her... They left. We wrote it like this. And the next day, they came and gave my daughter... they gave her one thousand dinars. And the next day, she said to me... I said to her, "It is like the other."
Another student : ...

The questioner : The second question for you, Abu Malik, is that you said the father of the daughter does not specify the mahr, the father of the bride does not ask for it. Meaning, the father of the bride does not ask, yes, this is correct. But we say that the Messenger of Allah (peace and blessings be upon him), my uncle, when a man came to him asking to marry a woman, he said to him: "Do you have anything of...?" So the Messenger of Allah (peace and blessings be upon him) seemed to ask for a mahr for this woman. So the Messenger was in the position of her guardian. So does it mean that the guardian of the daughter is permitted to ask?
The student : He did not specify it for him. He said to him: "Do you have anything?" He did not say to him how much.
Another student: Correct, meaning we say: "What do you have for the mahr?" The father of the groom says, "What?"

The Shaykh : I mean, brother, did you understand from Abu Malik that he said it is not permissible?

The questioner : Abu Malik says the father of the daughter does not ask, meaning it means it is not permissible for him to ask.

The Shaykh : No, I did not understand that. It is present.
The student : First.

The questioner : I understood it that way, my uncle.
The student : Let me tell you something.
Another student: Wait, Shaykh Ali.
Another student: Regarding the hadith of the Messenger of Allah (peace and blessings be upon him), that when the Messenger said to him:
What is her mahr? ما تمهرها ؟
because the mahr is obligatory.
Another student: The mahr is obligatory.
Another student: Wait, do not get angry, may Allah be pleased with you.
Another student: I am not getting angry, Abu Malik.
Another student: No, no, you are getting angry. Your question should be a normal question and listen to the answer calmly. And we, of course, it is a shame to come and...The Shaykh : ...be present. But when the Messenger of Allah (peace and blessings be upon him) asked, he did not ask for a specific amount of mahr first, but he mentioned that she has a mahr that he must fulfill for her; therefore, the Messenger did not specify; he did not say to him, when he said to him: "I swear by Allah, O Messenger of Allah, I have nothing," he said:
Look (for something), even if it is only an iron التمس ولو خاتمًا من
Sunan an-Nasa'i 3359Sahih (Darussalam)
. He said: "I do not have an iron ring." He said to him:
Do you have anything of the Qur'an? ما عندك شيء من القرآن ؟
. He said: "Yes." He said to him:
I have married her to you with what you have of the Qur'an زوَّجتُكَها على ما عندك من القرآن
Sunan al-Bayhaqi 10:760
. So the Messenger of Allah (peace and blessings be upon him) reminds him that she has a mahr. Perhaps this Companion was unaware that when she came and offered herself to the Prophet (peace and blessings be upon him), and the Prophet turned and said:
Who among you will marry her? مَن مِنكم يتزوَّجها ؟
, he said: "I am." Perhaps this Companion understood that the ruling that applies to the Messenger (peace and blessings be upon him) applies to him, so the Messenger of Allah (peace and blessings be upon him) clarified to him that it is specific to him and not for anyone of his Ummah. This is what I understand, our Shaykh; is that not so from the hadith?

The Shaykh : There is no objection, but we do not see that if the father of the daughter specifies the mahr and the guardian of the daughter agrees.
The student : That is the end of it.

The Shaykh : Excuse me, the wife or her guardian, there is no objection. The important thing is that the mahr is agreed upon with a willing heart, whether the one who starts specifying the mahr is the guardian of the daughter or the suitor, whether the one who starts specifying is the guardian of the daughter or the suitor, the important thing is that it is not imposed on the suitor by force.
The student : Hadith:
Are you satisfied with the two sandals for yourself? أرضيت لنفسك بالنعلين ؟
.
Another student: With one sandal.

The Shaykh : If it is authentic.
The student : If it is authentic. Yes.
Another student: Done, if it is authentic, it means done.
Another student: In my mind, it is hasan (good).

The Shaykh : Be patient.
The student : It means your answer is an emotional answer.

The Shaykh : We will review. In my mind.
The student : In my mind, it is hasan (good).

The Shaykh : No problem, we will review.
The student : In my mind, it is hasan (good), and based on that, we say she said yes, so he (peace and blessings be upon him) approved it. So here, meaning, he is the one who offered his sandals, and the two sandals. So the intention is that the husband offers, and she approves, or she may ask and the husband approves... but the best is.

The Shaykh : ...the impermissibility of specifying the mahr by the guardian of the daughter, not the husband, there is no problem with that.
The student : The Shaykh : He did not say it is impermissible; he said it is permissible, but the best is that the giving be from the man, because the address in the original verse is directed to the man:
And give the women [upon marriage] their [bridal] gifts graciously وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً
[An-Nisa 4:4]
.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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