Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Very Very Pleased to read your reply... The exact amount is Rs.10,000/- and it is further informed, I also give education to her and spend more then her mehr on her education. is this expenses wirte off agaist her Mehr?. Actually, she died in accident and i cannot think that she may go away as soon as  this. So, please guide according to the Allah's law.

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Answer:

Write off expenses against Mehr

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Statement: i also give education to her and spend more then her mehr on her education. is this expenses wirte off agaist her Mehr?

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 34:

34 Men are the protectors and maintainers of women because Allah has given the one more than the other, and because they (the men) support them (the females under their care) from their means. Therefore the righteous women are devoutly obedient and guard in (the husband's) absence what Allah would have them guard (their chastity, their husband’s property and honor, etc.).

Allah Says in the Holy Quran Chapter 65 Surah Talaq verse 7:

7 Let the man of means spend (on his wife and family) according to his means: and the man whose resources are restricted let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him. After a difficulty Allah will soon grant relief.

Sunan of Abu-Dawood Hadith 2139 Narrated by Mu'awiyah al-Qushayri

I went to the Messenger of Allah (saws) and asked him: ‘O Messenger of Allah (saws), what do you say (command) us about our wives?’ He (saws) replied: ‘Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them.’

Islam has laid the complete financial duty and responsibility of the upkeep of the womenfolk and the house upon the shoulders of the men….the father is responsible for the complete financial upkeep of his daughters, the husband is responsible for the complete financial of his wives, the sons are responsible for the complete financial upkeep of their mother, etc. From her cradle to her youth to her old age, Islam has commanded the men-folk to fully and appropriately provide for the financial upkeep of the women-folk under their authority and care.

If you did spend on your wife’s food, clothing, shelter, travel, education, etc….it was indeed your duty to do so. The ‘mehr’ amount which you agreed to pay her at the time of your marriage to her is over and above the amount you are to spend on the upkeep of your wife, and thus cannot be written off against your spendings unto her.

You will be liable to fulfill the unpaid ‘mehr’ amount to your wife (if alive) and unto her legal heirs (if deceased)….and it will remain a debt until you fulfill it.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan