The Bride-Price and Unreturnable Gifts

8 Yahya related to me from Malik from Malik from Abu Hazim ibn Dinar from Sahl ibn Sa'd as-Sa'idi that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, " Messenger of Allah! I have given myself to you." She stood for a long time, and then a man got up and said, " Messenger of Allah, marry her to me if you have no need of her." The Messenger of Allah, may Allah bless him and grant him peace, said, " Do you have anything to give her as a bride-price? " He said, " I possess only this lower garment of mine." The Messenger of Allah, may Allah bless him and grant him peace, said, " If you give it to her you will not have a garment to wear, so look for something else." He said, " I have nothing else." He said, " Look for something else, even if it is only an iron ring." He looked, and found that he had nothing. The Messenger of Allah, may Allah bless him and grant him peace, said, " Do you know any of the Qur'an? " He said, " Yes, I know such-and-such a sura and such-and-such a sura, " which he named. The Messenger of Allah, may Allah bless him and grant him peace, said to him, " I have married her to you for what you know of the Qur'an."

[In Bukhari and Muslim]

9 Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn al-Musayyab had said that 'Umar ibn al-Khattab said, " If a man marries a woman who is insane, or has leprosy or white leprosy, without being told of her condition by her guardian, and he has sexual relations with her, she keeps her bride-price in its entirety. Her husband in entitled to damages against her guardian."

Malik said, " The husband is entitled to damages against her guardian hwen the guardian is her father, brother, or one who is deemed to have knowledge of her condition. If the guardian who gives her in marriage is a nephew, a mawla, or a member of her tribe who is not deemed to have knowledge of her condition, there are no damages against him, and the woman returns what she has taken of her bride-price, and the husband leaves her whatever amount is thought to be fair."

10 Yahya related to me from Malik from Nafi' that the daughter of 'Ubaydullah ibn 'Umar whose mother was the daughter of Zayd ibn al-Khattab, married the son of 'Abdullah ibn 'Umar. He died and had not yet consummated the marriage or specified her bride-price. Her mother wanted the bride-price and 'Abdullah ibn 'Umar said, " She is not entitled to a bride-price. Had she been entitled to a bride-price, we would not have kept it and we would not do her an injustice." The mother refused to accept that. Zayd ibn Thabit was brought to adjudicate between them and he decided that she had no bride-price, but that she did inherit.

11 Yahya related to me from Malik that he had heard that 'Umar ibn 'Abd al-'Aziz during his khalifate, wrote to one of his governors, " Whatever a father or guardian, giving someone in marriage, makes a condition in the way of unreturnable gift or favour belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, " Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride-price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property, the bride-price was taken from his property unless the father stipulated that he would pay the bride-price himself. The marriage was affirmed for the son if he was a minor and was under the guardianship of his father.

Malik said this if a man divorced his wife before he had consummated the marriage, and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that was because Allah, the Blessed, the Exalted, says in His Book, " unless they (women with whom he had not consummated marriage) forgo it or the one in charge of the marriage contract forgoes it." (2: 237) (He being the father of a virgin daughter or the master of a female slave).

Malik said, " That is what I have heard about the matter, and that is how things are done among us."

Malik said that a Jewish or Christian woman who was married to a Jew or Christian and then became Muslim before the marriage had been consummated was not owed any bride-price.

Malik said, " I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged."

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