If the husband gives a gift to his wife at the time of the contract, is he obligated to give a specific amount, or is the matter left to his discretion?
Machine translationRead the Arabic original
The Shaykh: Go ahead.
The questioner : In this issue, the mahr was set at one dinar, and he said, "I mean, the bride's father or the groom said: I will give her a gift."
The Shaykh : I will give her a gift.
The questioner : I will give her a gift that was not specified. Does this cause a problem later? For example, if her peers' mahr was one thousand, and he gave her a hundred as a gift, does this create a type of problem or lack of clarity?
The student : What is written in the contract, I mean?
Another student: No, it is not written.
The Shaykh : Personally, the question was not clear to me.
The questioner : The contract was for one dinar, and there was talk that he would give a sum of money later, after the contract. And her peers were given, for example, one thousand dinars, while she was given one hundred dinars. Does this create a problem, becoming a problem like the problem of specifying the mahr, meaning the mahr of her peers?
The Shaykh : What does specifying the mahr have to do with the matter, as long as he is going to give more than the dinar as a gift? There is no problem here. But I want to clarify: are you actually using the word "nahlah" (gift)? Because you did not mention the word "nahlah" at first, and you heard just now that "nahlah" in the context of the contract refers to the mahr. So if he uses this word, it means that the mahr recorded as one dinar is not the entire mahr. Is that clear?
The questioner : ... the gift.
The Shaykh: Yes.
The questioner : It is considered a gift that ... .
The Shaykh : So please, specify the word "nahlah."
The questioner : I told you at first it was a gift (hibah).
The Shaykh : I know, that is why I went back from "hibah" to "nahlah." The matter confused me, and I told you frankly that I did not understand your question. So let us go back to "hibah," okay? So the issue in this case is: the mahr is actually one dinar. This gift, first of all, must be fulfilled, whether it is on this occasion or not, because the Messenger (peace and blessings be upon him) said:Sahih al-Bukhari 2622 Therefore, it is not permissible for him to take back his gift.
The student : He did not specify it.
The Shaykh : Be patient, I have not yet gotten to the specification. We are talking about the fact that it is not permissible for him to take back his gift. As for what the gift is? He did not specify it, so he is the one who specifies it. We go back to the analogy of the mahr. Here it is not like the mahr of peers. If a man marries a woman without naming a mahr for her, then the mahr of her peers is imposed on him; this is well known. But here you say this is a gift, so it is a gift of whatever his soul is generous with: five dinars, ten, a hundred, a thousand, and so on. He is required to fulfill this gift, but he is not required to specify it. Meanwhile, you said the known practice is that it is specified by what? By one thousand? Did you not mention the one thousand?
The student : Yes, I mentioned it.
Another student: Her sister ... one thousand dinars, and he said.
The Shaykh : I am telling you, this is not the standard. Everyone gives a gift of whatever he wishes.
The student : He, our Shaykh, Abu Munir, the brother, confused the mahr and the gift, and thought that if the gift is not named, it is measured by the mahr if the mahr is not named.
The Shaykh : And I tell him, this is a different ruling.
The student : Then, Shaykh, forgive me, our Shaykh indicated that the mahr for such a woman is measured by her peers if her mahr is not named. But if her mahr is named, it is done: one dinar, one thousand, or ten.
The student : Was it recorded in the time of the Messenger?
Another student: No.
Another student: Regarding the clothing and furnishing of the house, here you can talk about the issue of peers and non-peers. The gift is something else. A person gives his wife things ... anyone gives his wife. But the clothing is the husband's obligation to clothe his wife in a good manner, like her peers, and also to have his furniture in his house as his peers do. This is what you include in the issue of peers and equals. But the issue of the gift does not fall into this.
Another student: For example, a man wants to marry your daughter, and you told him her mahr is one dinar, on the condition that he said, "I will give her some money," just as he told you it is customary.
The Shaykh : You are now adding the word "on the condition," my brother, this is a problem. "On the condition" makes it part of the mahr.
The student : It becomes a mahr.
The Shaykh : Therefore, it is necessary, may Allah bless you.
The student : This is a completely separate event. "On the condition."
Another student: There is no "on the condition."
The Shaykh : "On the condition" is deleted.
The student : This becomes a condition that must be fulfilled.
Another student: Meaning, if he said: "The mahr is one dinar, and there is no gift, do you agree?" Yes, we agreed. Then he comes later, and we are completely agreeable, and says: "I gave such and such," whether a thousand, five hundred, ten thousand, whatever. This has nothing to do with the mahr.
The Shaykh : O Uthman, did you give them the news of the group? Hey, we drank tea, and we drank borage on top of the tea.
The student : Here is a point: the preparation of the girl has nothing to do with the mahr. The mahr is not for the preparation of the girl. The mahr is a pure gift to the woman, and she is free to dispose of it. It is not imposed on her to prepare herself from this mahr; this is injustice to the woman. The mahr is originally for her, and the clothing of the woman is originally the husband's responsibility.
Another student : ...
Another student: Without it being written, this is the Shari'ah. This is not a gift. Her clothing is not a gift.
The Shaykh : ... whether it is written or not, it is up to me.
The student : The clothing is not a gift.
Another student: How is it written and how is it not written?
Another student: The clothing is an obligation on the man.
Another student: The man, the father of the girl, is not required to prepare his daughter. If he gave a mahr of two thousand dinars, not one dinar, two thousand dinars, and said it is a mahr, it is not said to the girl, "Come, clothe yourself from the two thousand dinars." People do not understand this in their reality now; they understand that this mahr, for example, is two thousand dinars or five thousand dinars, and they say to the girl, "Prepare yourself from the mahr."
The Shaykh : What, Adnan? I see you are going around the subject, intending to turn it back, I mean?
The student : He carried the burden of one who intends to turn it back ...
Another student: This is not the meaning of the wordsThe Shaykh : , askThe Shaykh : . What does this mean and what does that mean? ... .
The Shaykh : It is not written, meaning: it is not obligatory to write it by Shari'ah. And it is written by regulation and law.
The questioner : In this issue, the mahr was set at one dinar, and he said, "I mean, the bride's father or the groom said: I will give her a gift."
The Shaykh : I will give her a gift.
The questioner : I will give her a gift that was not specified. Does this cause a problem later? For example, if her peers' mahr was one thousand, and he gave her a hundred as a gift, does this create a type of problem or lack of clarity?
The student : What is written in the contract, I mean?
Another student: No, it is not written.
The Shaykh : Personally, the question was not clear to me.
The questioner : The contract was for one dinar, and there was talk that he would give a sum of money later, after the contract. And her peers were given, for example, one thousand dinars, while she was given one hundred dinars. Does this create a problem, becoming a problem like the problem of specifying the mahr, meaning the mahr of her peers?
The Shaykh : What does specifying the mahr have to do with the matter, as long as he is going to give more than the dinar as a gift? There is no problem here. But I want to clarify: are you actually using the word "nahlah" (gift)? Because you did not mention the word "nahlah" at first, and you heard just now that "nahlah" in the context of the contract refers to the mahr. So if he uses this word, it means that the mahr recorded as one dinar is not the entire mahr. Is that clear?
The questioner : ... the gift.
The Shaykh: Yes.
The questioner : It is considered a gift that ... .
The Shaykh : So please, specify the word "nahlah."
The questioner : I told you at first it was a gift (hibah).
The Shaykh : I know, that is why I went back from "hibah" to "nahlah." The matter confused me, and I told you frankly that I did not understand your question. So let us go back to "hibah," okay? So the issue in this case is: the mahr is actually one dinar. This gift, first of all, must be fulfilled, whether it is on this occasion or not, because the Messenger (peace and blessings be upon him) said:
He who takes back his present is like a dog that swallows back its vomit.
الراجع في هبتِه كالكلب يرجع في قَيْئِهThe student : He did not specify it.
The Shaykh : Be patient, I have not yet gotten to the specification. We are talking about the fact that it is not permissible for him to take back his gift. As for what the gift is? He did not specify it, so he is the one who specifies it. We go back to the analogy of the mahr. Here it is not like the mahr of peers. If a man marries a woman without naming a mahr for her, then the mahr of her peers is imposed on him; this is well known. But here you say this is a gift, so it is a gift of whatever his soul is generous with: five dinars, ten, a hundred, a thousand, and so on. He is required to fulfill this gift, but he is not required to specify it. Meanwhile, you said the known practice is that it is specified by what? By one thousand? Did you not mention the one thousand?
The student : Yes, I mentioned it.
Another student: Her sister ... one thousand dinars, and he said.
The Shaykh : I am telling you, this is not the standard. Everyone gives a gift of whatever he wishes.
The student : He, our Shaykh, Abu Munir, the brother, confused the mahr and the gift, and thought that if the gift is not named, it is measured by the mahr if the mahr is not named.
The Shaykh : And I tell him, this is a different ruling.
The student : Then, Shaykh, forgive me, our Shaykh indicated that the mahr for such a woman is measured by her peers if her mahr is not named. But if her mahr is named, it is done: one dinar, one thousand, or ten.
The student : Was it recorded in the time of the Messenger?
Another student: No.
Another student: Regarding the clothing and furnishing of the house, here you can talk about the issue of peers and non-peers. The gift is something else. A person gives his wife things ... anyone gives his wife. But the clothing is the husband's obligation to clothe his wife in a good manner, like her peers, and also to have his furniture in his house as his peers do. This is what you include in the issue of peers and equals. But the issue of the gift does not fall into this.
Another student: For example, a man wants to marry your daughter, and you told him her mahr is one dinar, on the condition that he said, "I will give her some money," just as he told you it is customary.
The Shaykh : You are now adding the word "on the condition," my brother, this is a problem. "On the condition" makes it part of the mahr.
The student : It becomes a mahr.
The Shaykh : Therefore, it is necessary, may Allah bless you.
The student : This is a completely separate event. "On the condition."
Another student: There is no "on the condition."
The Shaykh : "On the condition" is deleted.
The student : This becomes a condition that must be fulfilled.
Another student: Meaning, if he said: "The mahr is one dinar, and there is no gift, do you agree?" Yes, we agreed. Then he comes later, and we are completely agreeable, and says: "I gave such and such," whether a thousand, five hundred, ten thousand, whatever. This has nothing to do with the mahr.
The Shaykh : O Uthman, did you give them the news of the group? Hey, we drank tea, and we drank borage on top of the tea.
The student : Here is a point: the preparation of the girl has nothing to do with the mahr. The mahr is not for the preparation of the girl. The mahr is a pure gift to the woman, and she is free to dispose of it. It is not imposed on her to prepare herself from this mahr; this is injustice to the woman. The mahr is originally for her, and the clothing of the woman is originally the husband's responsibility.
Another student : ...
Another student: Without it being written, this is the Shari'ah. This is not a gift. Her clothing is not a gift.
The Shaykh : ... whether it is written or not, it is up to me.
The student : The clothing is not a gift.
Another student: How is it written and how is it not written?
Another student: The clothing is an obligation on the man.
Another student: The man, the father of the girl, is not required to prepare his daughter. If he gave a mahr of two thousand dinars, not one dinar, two thousand dinars, and said it is a mahr, it is not said to the girl, "Come, clothe yourself from the two thousand dinars." People do not understand this in their reality now; they understand that this mahr, for example, is two thousand dinars or five thousand dinars, and they say to the girl, "Prepare yourself from the mahr."
The Shaykh : What, Adnan? I see you are going around the subject, intending to turn it back, I mean?
The student : He carried the burden of one who intends to turn it back ...
Another student: This is not the meaning of the wordsThe Shaykh : , askThe Shaykh : . What does this mean and what does that mean? ... .
The Shaykh : It is not written, meaning: it is not obligatory to write it by Shari'ah. And it is written by regulation and law.
Source
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