The Husband’s Statement Regarding the Waiver of the Mahr

Question

A certain gentleman states: one wife of his is alive, and another wife died about forty years ago, and there are children from both wives. The present wife and her children demand the mahr, and when the children of the former wife demand the mahr, the reply given is that the deceased had said: “I have already had the former wife waive the mahr.” Will this statement of the deceased suffice, or will Shari‘a proof be required? And if Shari‘a proof of the waiver is produced — Shari‘a proof that the deceased woman, i.e.

Answer

Answer (1) If, according to the present heirs, the deceased’s statement about the waiver of the first wife’s mahr is true, then no Shari‘a proof is needed for it. That is, when they confirm that the deceased had said, “I have already had the first wife waive the mahr”, that alone is sufficient. The presence of witnesses at the time of waiving the mahr is not necessary.

Source: Fatawa Mahmudiyya

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