Transliteration:( Wa aatun nisaaa'a sadu qaatihinna nihlah; fa in tibna lakum 'an shai'im minhu nafsan fakuloohu hanee'am mareee'aa )
13. From this emerge two issues:
1. Only the wife is entitled to Mehr, not her guardian.
2. It becomes incumbent on the husband to obtain legal possession of the wife.
There are three types of Mehr:
1. Mehr-e-Mua'jjal
2.Mehr-e-Muwa'jjal
3. Mehr-e-Ghair Musarrah
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Laws pertaining to all three are different. In the Mehre Mu'ajjal (1) the wife can demand her Mehr before consummation of marriage.
14. Some Ulema deduce that the Mehr of the wife is a sacred thing. If anyone's ill child does not recover from illness, treatment can be made from the Mehr money. Darood Shareef was the first Mehr given by Hazrat Adam to Sayeda Hawa the mother of mankind, here it is a source of cure for us.
But this is only acceptable when the wife agrees to give the money willingly because it is absolutely unlawful to take it forcefully. Hence, there is no contradiction between the two Verses Allah says: "Then take not anything thereof†(S4: V 20)
The tafsir of Surah Nisa verse 4 by Ibn Kathir is unavailable here.
Please refer to Surah Nisa ayat 2 which provides the complete commentary from verse 2 through 4.
(4:4) Give women their bridal-due in good cheer (considering it a duty); but if they willingly remit any part of it, consume it with good pleasure.[7]
7. In the opinion of ‘Umar and Shurayh, if a woman gives up either the whole or a part of the bridal-due (mahr) in favour of her husband and later reclaims it from him then he is bound to pay it. The claim on the woman’s part would be tantamount to her unwillingness to remit either the whole or a part of the bridal-due. For further details see the section entitled ‘Mahr’ in my book Huquq al-Zawjayn, 16th edition, Lahore, 1976, pp. 31-3 and 119-23.
[161]- The obligatory bridal gift (mahr). [162]- Knowing that it is lawful.
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