Is the imposition of *mahr* (dower) upon a wife by a non-relative (*ajnabi*) valid?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The imposition of *mahr* equal to the wife's *mahr* by a non-relative is invalid. Such an imposition has no legal effect because the person imposing it is neither the husband nor a judge. If this non-relative subsequently delivers the imposed amount to the wife, its validity is questionable because the initial imposition was invalid, meaning the wife is treated as if no *mahr* was stipulated. Consequently, the non-relative should reclaim the money given, as their act of giving was invalid and did not discharge the husband's obligation.
Supporting text
It is alternatively held that the payment by the non-relative is valid because they substitute for the husband in paying the stipulated dower, thus substituting for him in paying what the contract obligates even if not stipulated. Under this view, if the husband divorces her before consummation, half of the amount returns to the husband, as he transferred ownership to the non-relative when settling a debt owed by the husband, so it reverts to him as if he paid it himself.