the husband for the completion of her bridal gift. If that is not possible, due to his poverty or his delaying payment, then she may seek recourse against her guardian, based on the principle of a direct actor and an indirect cause.
“If he marries off his minor son for the customary bridal gift or more, it is valid as an obligation owed by the husband. If he is insolvent, the father does not guarantee it.”
His statement, “If he marries off his minor son for the customary bridal gift or more, it is valid as an obligation owed by the husband. If he is insolvent, the father does not guarantee it,” means that a man has a minor son and marries him to a woman for less than the customary bridal gift, with the consent of both the woman and her guardian. This is permissible. If he marries him for the customary bridal gift from the son’s property—for example, if the customary bridal gift is ten thousand riyals and he marries him for ten thousand—this too is valid and presents no problem. So long as the son is a minor or legally incompetent and unable to manage his own affairs, yet in need of marriage, the father has the right to do this, provided that he does not wrong his son.
But if he marries him for more than the customary bridal gift—for instance, he marries him to a woman whose customary bridal gift is ten thousand, but gives her fifteen thousand riyals—is this valid or not? The author says that it is valid and becomes an obligation owed by the husband; if the husband is insolvent, the father does not guarantee it, because it is the husband, not the father, who received the benefit. Whoever receives the benefit must pay the consideration due for it. There is no doubt that this view is weak.
First, the view that it is valid for more than the customary bridal gift as an obligation owed by the husband is questionable. The correct view is that no more than the customary bridal gift is valid as an obligation owed by the husband, while the excess is borne by the father, because he is the one who undertook it, and this is not in the son’s interest. Yes, if it is assumed to be in the son’s interest—for example, if this son cannot be married except for more than the customary bridal gift, which may sometimes occur, such as when the son’s intellectual capacity is limited and people will not marry their daughters to him except for more—