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ذ. (فلان الفلاني)
علاج الكسر السكون

Glossary entry

Arabic term or phrase:

أبرأته منه فبرئ

English translation:

declared him free/absolved/clear of the dowry

Added to glossary by Saeed Najmi
Sep 8, 2021 23:31
2 yrs ago
62 viewers *
Arabic term

أبرأته منه فبرئ

Arabic to English Law/Patents Certificates, Diplomas, Licenses, CVs
In a Moroccan marriage contract.

قبضت الزوجة المذكورة من الزوج المذكور جميع الصداق المذكور قبضا تاما اعترافا وأبرأته منه فبرئ

I saw an example where this phrase was omitted, but it didn't explain what it meant or why it would be omitted. Is it a religious phrase?
Proposed translations (English)
4 +1 declared him free/absolved/clesr of the dowry
4 +2 waived the Mahr [gave the dowry up] so the husband became fully exempted
Change log

Sep 11, 2021 22:02: Saeed Najmi Created KOG entry

Discussion

Saeed Najmi Sep 11, 2021:
Dowry in Morocco Further to the above, it's below here, to place the document in its environment, the common practice in Morocco is, when the groom can't or prefers not to pay the dowry in full, he pays part of it but remains indebted to the bride pending the rest of the amount. This is transcribed in the marriage certificate.
Arabic & More Sep 11, 2021:
I was hesitant to add more to this discussion as I am not a legal translator and wanted to stay in my lane. However, I also wanted to mention that women who return the mahr to their husbands generally do so in private, and it would also be unusual to return the whole amount. For example, let's say a woman's father demanded a high amount of $5,000 in order for the marriage to take place, and she knew this was a burden on her new husband. She might then return two or three thousand dollars to him in private. This is not something that would take place on the wedding contract itself.
Cara Piraino (asker) Sep 11, 2021:
Thank you everyone for the discussion.
If this clarifies anything, what I meant is that I have seen a translation of a Moroccan marriage contract in which the translator omitted this phrase even though it was included in the original. I wasn't talking about how some source texts have it and some don't. I was commenting that someone thought it wasn't even necessary to translate.
Assem, I understand your points, but it seems bizarre that this contract included a specific value of the dower, quite a bit of money, if the wife was just going to waive it and give it back. Maybe I should have given that context.
Assem AlKhallouf Sep 9, 2021:
@Anders I also agree with you and Saeed that the bride has acknowledged receiving the dowry in full. Cara said, "this phrase (فأبرأته منه فبرئ) was omitted, but it didn't explain what it meant or why it would be omitted". I explained that this phrase has to be omitted because "فأبرأته منه فبرئ" means "remitted it back, so the husband became fully exempted" which didn't happen in this contract. Further, I have translated many Moroccan marriage contracts and they didn’t say “فأبرأته منه فبرئ”, so it is not a matter of tautology, especially that the text is legal where every word matters.
However, I am not assuming that my answer is correct. This is my humble opinion, with all respect to your comments.
Anders Uhlin Sep 9, 2021:
I agree with Saeed. I often get to do translations of Moroccan documents, and the bride has acknowledged receiving the dowry in full, and thus absolved the bridegroom of [further] responsibility for the same. I usually don't translate فبرئ as the context is clear enough without it.
Thanks
Assem AlKhallouf Sep 9, 2021:
@Arabic & More I am still convinced with my suggestion for the following reasons:
1- لو أن الزوجة قبضت المهر كاملاً ولم ترجعه إلى الزوج لانتفت الحاجة إلى قول "فأبرأته منه فبرئ" لأن العبارة السابقة توضح ذلك بدقة (قبضت الزوجة المذكورة من الزوج المذكور جميع الصداق المذكور قبضا تاما اعترافا).
2- "أبرأت الزوج من المهر" عبارة وردت عند الفقهاء بمعنى محدد هو "تنازل الزوجة عن المهر".
3- لا يجوز للزوجة أن تتنازل عن المهر إلا بعد استلامه، فلا بد من أن تستلمه وتقر بذلك قبل أن تتنازل عنه وهذا لا يتعارض مع السياق المذكور.

"وعلى ذلك لا يجوز للزوجة أن تتزوج بدون مهر او نفقة كما لا يجوز لها ان تتنازل عنه لأنه حق الله وحق الاولياء .. ولكنها ان ابرأت الزوج من المهر كله أو بعضه بعد إقراره بالعقد الصحيح جاز لها ذلك لأنه أصبح حقها."
https://gate.ahram.org.eg/News/265149.aspx

"ويسقط كل المهر في الأحوال التالية:
الأول: إذا أبرأت الزوجة زوجها من المهر كله قبل الدخول أو بعده، بشرط أن تكون كاملة الأهلية."
https://www.elwatannews.com/news/details/837159

"وقال الحنابلة (3) : إذا أبرأت المرأة الزوج من صداقها، أو وهبته له، ثم طلقها قبل الدخول، رجع الزوج عليها بنصفه"
http://islamport.com/w/fqh/Web/1272/5835.htm
Arabic & More Sep 9, 2021:
@Assem I have to disagree with your interpretation of this. There is no indication in the sentence that the bride returned the mahr to the groom. She instead acknowledges her receipt of the mahr in full and now absolves the groom of any further payments. As I indicated in my previous comment, some people might pay the mahr in installments, so this is saying that there is nothing left to pay.
Assem AlKhallouf Sep 9, 2021:
@Cara, The bride has to receive the dowry because it is an essential condition of marriage. Then, she has the right to remit it back to her husband. However, she can't reject it or waive it in advance. "Giving up the Mahr before the marriage contract is nonsense. How can she give up her Mahr before owning it?" Maybe this proves to the husband that she has voluntarily waived the dowry out of her own will.
Saeed Najmi Sep 9, 2021:
On ST With your permission if I may Cara, a tentative translation of the entire ST for discussion purposes and further clarity:
" The said bride fully (declares/recognizes/acknowledges) that she has (receive/cash/get) from the said groom in full the entire amount of the dowry and has declared him free/clear/dissolved of the payment of the dowry."
Comments and discussion are welcome.
Thanks.
Arabic & More Sep 9, 2021:
@Cara "So how can she receive it but also waive it?"

If she received it in full, this must mean that the groom was absolved of any further payments/installments (not that she waived the mahr to begin with).

Proposed translations

+1
6 hrs
Selected

declared him free/absolved/clesr of the dowry

Or: and he bacame dissolved/clear of the payment as she declared.

The sentence is rather for prosaic purposes and an attempt to maintain an old tradition of writing deeds and certificates. Old deefs and certificated written by "adoul", a traditional notary public are full of such prose.

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Note added at 8 hrs (2021-09-09 07:56:45 GMT)
--------------------------------------------------

"cleAr" instead of "cleSr". Kindly amend.
Peer comment(s):
agree Arabic & More
59 mins
Thanks heaps Arabic and more!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "I trust your judgment on this one."
+2
15 mins

waived the Mahr [gave the dowry up] so the husband became fully exempted

The mahr is an enjoined legal obligation on the husband and a legally claimable right of the wife. It is an essential condition of a marriage under Islamic law and cannot be legally waived or rejected by the bride. However, the bride can of her own good pleasure remit it back to the husband after receiving it. This is reflected in Q4:4 – “And give women [upon marriage] their dower as an outright gift but if they, of their own good pleasure, remit any part of it to you, then take it and enjoy it with satisfaction and pleasure”. This is reflected in both classical Islamic jurisprudence and in the modern Family Codes in Muslim-majority countries today.

https://lawsblog.london.ac.uk/2020/05/27/muslim-lady-rejects...


After completing a marriage contract, the wife has the right to give up her Mahr (bridal money). Canceling the Mahr prior to the marriage contract is not correct since the Mahr is among the conditions of a valid marriage. Giving up the Mahr before the marriage contract is nonsense, how can she give up her Mahr before owning it?

https://www.islamweb.net/en/fatwa/86464/remitting-mahr-befor...

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Note added at 25 mins (2021-09-08 23:56:52 GMT)
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"I saw an example where this phrase was omitted, but it didn't explain what it meant or why it would be omitted. Is it a religious phrase?"
Wives rarely waive the dowry, so this phrase becomes irrelevant in most of the marriage contracts.

--------------------------------------------------
Note added at 9 hrs (2021-09-09 08:48:02 GMT)
--------------------------------------------------

@Cara,
The bride has to receive the dowry because it is an essential condition of marriage. Then, she has the right to remit it back to her husband. However, she can't reject it or waive it in advance. "Giving up the Mahr before the marriage contract is nonsense. How can she give up her Mahr before owning it?" Maybe this proves to the husband that she has voluntarily waived the dowry out of her own will.


--------------------------------------------------
Note added at 9 hrs (2021-09-09 08:52:28 GMT)
--------------------------------------------------

The wife received the full amount of dowry in cash from the husband as mentioned above. Then, she remitted it back, so the husband became fully exempted.
Note from asker:
Your answer makes sense, but the sentence says she received it from him. So how can she receive it but also waive it?
Peer comment(s):
agree TargamaT team
4 hrs
Thanks a lot!
agree Angie Halloum
5 hrs
Thank you!
Something went wrong...
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