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Mahr (Marital Price): Difference between revisions
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A man from the Ansar called Basrah said: I married a virgin woman in her veil. When I entered upon her, I found her pregnant. (I mentioned this to the Prophet). The Prophet (peace be upon him) said: ''''She will get the dower, for you made her vagina lawful for you.'''' The child will be your slave. When she has begotten (a child), flog her (according to the version of al-Hasan). The version of Ibn AbusSari has: You people, flog her, or said: inflict hard punishment on him. }} | A man from the Ansar called Basrah said: I married a virgin woman in her veil. When I entered upon her, I found her pregnant. (I mentioned this to the Prophet). The Prophet (peace be upon him) said: ''''She will get the dower, for you made her vagina lawful for you.'''' The child will be your slave. When she has begotten (a child), flog her (according to the version of al-Hasan). The version of Ibn AbusSari has: You people, flog her, or said: inflict hard punishment on him. }} | ||
Seen in the above ahadith, the purpose of the mahr is to make sexual relations lawful to the man. In explicit terms, as stated above, the mahr is payment for the use of a woman's vagina for [[ | Seen in the above ahadith, the purpose of the mahr is to make sexual relations lawful to the man. In explicit terms, as stated above, the mahr is payment for the use of a woman's vagina for [[Sex|sexual intercourse]]. | ||
=== Temporary marriage vs. apologetics === | === Temporary marriage vs. apologetics === | ||
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The purpose of this article is not to debate whether temporary marriage is still permissible or not. The fact is that temporary marriage once was, and so the question remains; if the apologetics claim regarding the purpose of giving a mahr is correct, why was a mahr required when contracting a temporary marriage? In other words, if the mahr is simply a demonstration of a man's ability and willingness to provide financially for his wife throughout a marriage and ''not'' payment for sexual relations, then why, in a temporary marriage contracted for the purpose of short-term sexual relations, is a mahr required? | The purpose of this article is not to debate whether temporary marriage is still permissible or not. The fact is that temporary marriage once was, and so the question remains; if the apologetics claim regarding the purpose of giving a mahr is correct, why was a mahr required when contracting a temporary marriage? In other words, if the mahr is simply a demonstration of a man's ability and willingness to provide financially for his wife throughout a marriage and ''not'' payment for sexual relations, then why, in a temporary marriage contracted for the purpose of short-term sexual relations, is a mahr required? | ||
=== Equal to other women of their status === | === Equal to other women of their status === | ||
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AbuDawud said: This tradition has been narrated by AbdurRahman ibn Mahdi, from Salih ibn Ruman, from AbuzZubayr on the authority of Jabir as his own statement (not going back to the Prophet). It has also been transmitted by AbuAsim from Salih ibn Ruman , from AbuzZubayr on the authority of Jabir who said: During the lifetime of the Apostle of Allah (peace be upon him) we used to contract temporary marriage for a handful of grain. }} | AbuDawud said: This tradition has been narrated by AbdurRahman ibn Mahdi, from Salih ibn Ruman, from AbuzZubayr on the authority of Jabir as his own statement (not going back to the Prophet). It has also been transmitted by AbuAsim from Salih ibn Ruman , from AbuzZubayr on the authority of Jabir who said: During the lifetime of the Apostle of Allah (peace be upon him) we used to contract temporary marriage for a handful of grain. }} | ||
The ahadith above present another problem for the mahr apologists. If it were true, that the mahr is an advance demonstration of a man's ability to financially support his wife, why then did [[Muhammad]] not mention this in any of the aforementioned narrations? Furthermore, in the narrations dealing with the Qur'an recitations, we see both Muhammad and the man in question knew that he had nothing material to give as a mahr. This clearly shows he was not financially stable and that the mahr in this case could not possibly have been a token of financial stability. This is why he had to resort to 'giving' his new bride his Qur'an memorizations. These narrations are a recount of a conversation Muhammad himself allegedly had. This means that Muhammad himself has confirmed that the apologist is wrong, and that the Mahr is simply given as payment for lawful sexual relations | The ahadith above present another problem for the mahr apologists. If it were true, that the mahr is an advance demonstration of a man's ability to financially support his wife, why then did [[Muhammad]] not mention this in any of the aforementioned narrations? Furthermore, in the narrations dealing with the Qur'an recitations, we see both Muhammad and the man in question knew that he had nothing material to give as a mahr. This clearly shows he was not financially stable and that the mahr in this case could not possibly have been a token of financial stability. This is why he had to resort to 'giving' his new bride his Qur'an memorizations. These narrations are a recount of a conversation Muhammad himself allegedly had. This means that Muhammad himself has confirmed that the apologist is wrong, and that the Mahr is simply given as payment for lawful sexual relations | ||
== Prohibitions regarding the mahr == | == Prohibitions regarding the mahr == | ||
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AbdurRahman ibn Hurmuz al-A'raj said: Al-Abbas ibn Abdullah ibn al-Abbas married his daughter to AbdurRahman ibn al-Hakam, and AbdurRahman married his daughter to him. And they made this (exchange) their dower. Mu'awiyah wrote to Marwan commanding him to separate them. He wrote in his letter: This is the shighar which the Apostle of Allah (peace be upon him) has forbidden. }} | AbdurRahman ibn Hurmuz al-A'raj said: Al-Abbas ibn Abdullah ibn al-Abbas married his daughter to AbdurRahman ibn al-Hakam, and AbdurRahman married his daughter to him. And they made this (exchange) their dower. Mu'awiyah wrote to Marwan commanding him to separate them. He wrote in his letter: This is the shighar which the Apostle of Allah (peace be upon him) has forbidden. }} | ||
This practice is forbidden because the service has not been paid for by the one using it. ie. the husband has not paid the wife for the sex he has had with her. | This practice is forbidden because the service has not been paid for by the one using it. ie. the husband has not paid the wife for the sex he has had with her. | ||
== Exceptions regarding the mahr == | == Exceptions regarding the mahr == | ||
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===Divorce before consummation gives the wife half the agreed mahr === | ===Divorce before consummation gives the wife half the agreed mahr === | ||
{{quote | {{Quran|2|237}} | And if you divorce them before you have touched them and you have appointed for them a portion, then (pay to them) half of what you have appointed, unless they relinquish or he should relinquish in whose hand is the marriage tie; and it is nearer to righteousness that you should relinquish; and do not neglect the giving of free gifts between you; surely Allah sees what you do. }} | {{quote | {{Quran|2|237}} | And if you divorce them before you have touched them and you have appointed for them a portion, then (pay to them) half of what you have appointed, unless they relinquish or he should relinquish in whose hand is the marriage tie; and it is nearer to righteousness that you should relinquish; and do not neglect the giving of free gifts between you; surely Allah sees what you do. }} | ||
== Conclusion == | == Conclusion == | ||