Questions Marriage and family

Can a wife forgive or waive her mahr?

Checked by our team

Short answer

Yes. An adult, sane wife may forgive all or part of her mahr, or give it back, if she does it freely. Allah says that if wives willingly give up some of it, the husband may take it with a clear conscience. A waiver squeezed out by pressure does not count before Allah, and one made in her final illness needs the other heirs' consent.

Hanafi position

Forgiving (ibra') all or part of the mahr is valid from an adult, sane woman acting by choice, and needs no formal acceptance from the husband. It is not valid from a minor, and a father cannot forgive his daughter's mahr for her. A waiver made in her final illness (marad al-mawt) is treated like a bequest to an heir and needs the other heirs' approval.

The four schools agree on this.

Explanation

Allah says, "give the women their bridal gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease" (4:4). The key word is willingly. The mahr is her right, and she may keep it or give it as she wishes, just like any other property of hers.

Pressure spoils it. In some cultures a bride is asked on the wedding night, or by her in-laws, to "forgive" the mahr, and she says yes out of shyness or fear. Scholars warn that a waiver given under that kind of pressure does not free the husband before Allah, even if no court would hear it. A husband who wants a clean conscience pays it, and then she is free to give some back if she truly wants to.

Common situations:

  • Part of it. She can forgive a part and keep the rest.
  • Deferred mahr. She may forgive the deferred mahr while the marriage is happy, or agree to drop it in return for khula. See khula.
  • Divorce before consummation and before valid privacy (khalwah sahihah). Half the named mahr is due, unless she forgoes it. Allah says forgoing is nearer to righteousness (2:237), and this applies to both sides.
  • On her deathbed. Forgiving it then affects her heirs, so it needs their consent.
  • After the husband's death. Unpaid mahr is a debt on his estate, paid before inheritance, unless she forgives it.

See what mahr is and deferred mahr.

The evidence

Quran, Surah An-Nisaa 4:4

وَءَاتُوا۟ ٱلنِّسَآءَ صَدُقَٰتِهِنَّ نِحْلَةًۭ ۚ فَإِن طِبْنَ لَكُمْ عَن شَىْءٍۢ مِّنْهُ نَفْسًۭا فَكُلُوهُ هَنِيٓـًۭٔا مَّرِيٓـًۭٔا ﴿٤﴾

And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease.

A wife may give up her mahr, but only willingly.

Quran 4:4, translation by Sahih International

Quran, Surah Al-Baqara 2:237

وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةًۭ فَنِصْفُ مَا فَرَضْتُمْ إِلَّآ أَن يَعْفُونَ أَوْ يَعْفُوَا۟ ٱلَّذِى بِيَدِهِۦ عُقْدَةُ ٱلنِّكَاحِ ۚ وَأَن تَعْفُوٓا۟ أَقْرَبُ لِلتَّقْوَىٰ ۚ وَلَا تَنسَوُا۟ ٱلْفَضْلَ بَيْنَكُمْ ۚ إِنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ ﴿٢٣٧﴾

And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah, of whatever you do, is Seeing.

Forgoing a right in a dispute is praised.

Quran 2:237, translation by Sahih International

Where the ruling is recorded

  • Radd al-Muhtar (Ibn Abidin), Kitab al-Nikah, Bab al-Mahr, on gifting and releasing the mahr. Her release of the mahr is valid when she is adult and acting freely, and a father cannot release it for her.
  • al-Fatawa al-Hindiyya, Kitab al-Nikah, chapter on mahr. Release of mahr in final illness depends on the heirs' consent.

Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.