The Nikah Is Valid Even If the Mahr Exceeds the Husband’s Means

Question

Zayd’s salary is one hundred and thirty rupees. Before the wedding the mahr had been settled at one thousand five hundred rupees, but at the very moment the father-in-law insisted on four thousand rupees, and Zayd accepted a mahr owed as a debt (dayn mahr) of “four thousand two ashrafis” (the ashrafi being a gold coin). Now Zayd is in doubt, since this has exceeded his means. Is this correct according to the Sacred Law or not?

Answer

The nikah has indeed become valid; now let him either arrange to pay the mahr or have it forgiven: [ar]وتجب العشرة إن سماها أو دونها، ويجب الأكثر منها إن سمى الأكثر، أي بالغًا ما بلغ، فالتقدير بالعشرة لمنع النقصان[/ar] “Ten are obligatory if he named them or less, and more is obligatory if he named more, that is, however much it reaches; the fixing at ten is to prevent a…

Source: Fatawa Mahmudiyya

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