He found out
after marriage that his wife is mentally ill. Should he ask for the mahr to be
returned?
Question:
I married and later on I discovered my wife has
psychological problem. Her other sister are ok. They only agree to have
MEHR_Missal at that time (as I do not about her problem). I already give her
MEHR. Under such condition what MEHR suppose to be. I feel is a total fraud. Is
Mehr suppose to be justified again? Although, I am on terrible road of marriage
life. It is probably possible that (if there is a separation) she can use that
same MEHR money against me by hiring good lawyer and get most out of the USA law
(against me). What I can do in this situation? Jazakallah Khair!
Answer:
Praise be to Allaah.
Refer to a sharee’ah judge (qaadi) if there is any qaadi there. If not, then if the man has consummated the marriage with the woman, the mahr must be given to her because of having had intercourse with her. As for this sickness, if it prevented him from consummating the marriage or put him off from doing that properly, then whatever was paid to the one who tricked him into this marriage should give it back, if he was tricked. If that is not the case, then he does not deserve anything because he did not ask enough questions and find out information properly.
