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- If the mahr includes hajj, what happens in the event of the husband dying before performing it
If the mahr includes hajj, what happens in the event of the husband dying before performing it
So this is where non tangibles really should be pegged to the time of performance. So what I mean by that is.
Just like you talked about if you're getting a deferred mahr in dollars, instead of using dollars, say, using the value of gold, right? So you're going to give me the gold or the value of gold in the year that it's asked. So the amount of gold remains the same, the value might change.
The same with hajj. If somebody says my mahr will be that we go to hajj together. And then there should be an additional stipulation that in the event of death or divorce, then the value of hajj in that year, not the year of marriage, but in the year of death or divorce will be given.
Why? Because the purpose is to be able to go to hajj and that amount would be commensurate to that.
And a man might say why would I want to do that?
The assumption is that we're staying married. The assumption is that we have long lives. And we live with each other for a very long time
so if that's your assumption, we should have that positive assumption.
If that is your positive assumption, you're going to spend that amount anyway.
So to agree that I'll take you for hajj or the value of hajj in the year of death or divorce is a very reasonable condition.
I think should be there again to avoid dispute because somebody is going to say, no, hajj when we got married was $10,000, but it's $20,000 now.
That causes dispute.
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