Is a man obligated to accept a loan to fulfill the requirement of 'Tawl' (ability) for marriage to a free woman if he cannot afford the prompt Mahr?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
If a man cannot find the required prompt payment for the Mahr of a free woman but finds someone willing to loan it to him, acceptance of the loan is not obligatory. This is because accepting the loan imposes harm upon him due to the continuing debt obligation, and the creditor has the right to demand repayment immediately. This ruling applies equally if the free woman agrees to postpone her Mahr or delegates the right to determine her dowry, as she retains the right to demand compensation. Furthermore, if someone offers to pay or gift the required amount on his behalf, he is not obligated to accept due to the harm of receiving a favor or imposition. In all these scenarios, the option of marrying a slave woman remains available to him. The primary basis is the Quranic statement: "And whoever among you cannot afford to marry free, believing women..." (Quran 4:25). Such a man who must incur debt is considered not to have 'Tawl'.
Supporting text
If a man is able to afford a Mahr exceeding the standard equivalent Mahr (Mahr al-Mithl) for a free woman and doing so does not cause him undue hardship, he is not permitted to marry a slave woman.