أبرأته منه فبرئ

English translation: declared him free/absolved/clear of the dowry

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Arabic term or phrase:أبرأته منه فبرئ
English translation:declared him free/absolved/clear of the dowry
Entered by: Saeed Najmi

23:31 Sep 8, 2021
Arabic to English translations [PRO]
Law/Patents - Certificates, Diplomas, Licenses, CVs
Arabic term or phrase: أبرأته منه فبرئ
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?
Cara Piraino
United States
Local time: 03:49
declared him free/absolved/clesr of the dowry
Explanation:
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)
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"cleAr" instead of "cleSr". Kindly amend.
Selected response from:

Saeed Najmi
Morocco
Local time: 11:49
Grading comment
I trust your judgment on this one.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2waived the Mahr [gave the dowry up] so the husband became fully exempted
Assem AlKhallouf
4 +1declared him free/absolved/clesr of the dowry
Saeed Najmi


Discussion entries: 10





  

Answers


6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
declared him free/absolved/clesr of the dowry


Explanation:
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.

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

"cleAr" instead of "cleSr". Kindly amend.

Saeed Najmi
Morocco
Local time: 11:49
Native speaker of: Native in ArabicArabic, Native in FrenchFrench
PRO pts in category: 27
Grading comment
I trust your judgment on this one.

Peer comments on this answer (and responses from the answerer)
agree  Arabic & More
59 mins
  -> Thanks heaps Arabic and more!
Login to enter a peer comment (or grade)

15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
waived the Mahr [gave the dowry up] so the husband became fully exempted


Explanation:
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.

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


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

Assem AlKhallouf
Local time: 13:49
Works in field
Native speaker of: Native in ArabicArabic, Native in EnglishEnglish
PRO pts in category: 16
Notes to answerer
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 comments on this answer (and responses from the answerer)
agree  TargamaT team
4 hrs
  -> Thanks a lot!

agree  Angie Halloum
5 hrs
  -> Thank you!
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