Prenuptial agreement
If a condition has been placed on virginity and it becomes evident that the spouse is not, the dowry may be refunded (though it is better to conceal and forgive)[edit]
"QUESTION: Supposing that a man hath wed a certain woman believing her to be a virgin and he hath paid her the dowry, but at the time of consummation it becometh evident that she is not a virgin, are the expenses and the dowry to be repaid or not? And if the marriage had been made conditional upon virginity, doth the unfulfilled condition invalidate that which was conditioned upon it?
"ANSWER: In such a case the expenses and the dowry may be refunded. The unfulfilled condition invalidateth that which is conditioned upon it. However, to conceal and forgive the matter will, in the sight of God, merit a bounteous reward."
- (Bahá'u'lláh, Kitáb-i-Aqdas, Question and Answer, no. 47)
See also[edit]
Bahá'u'lláh envisages the possibility for specific conditions to be laid down and agreed upon by the parties prior to their marriage; law for insisting on virginity in a prenuptial agreement can be applied by a woman; details to be provided by the Universal House of Justice[edit]
"Miss xxxx expresses concern about what she perceives to be a sexual double standard in the Bahá'í Writings and in the literature written by Bahá'ís about the Faith.[John Ferraby's "All Things Made New" (London: Bahá'í Publishing Trust, 1975), p. 119, is taken as an example of the latter. As Miss xxxx indicates, Mr. Ferraby states that "Bahá'u'lláh enjoins all to be chaste, especially women." In addition, it should be pointed out that Ferraby cites a general passage from the Writings of Bahá'u'lláh which underlines the importance of each person leading "a chaste and godly life"] Reference is made to Questions and Answers 47 and the relevant sections in the Synopsis and Codification of the Kitab-i-Aqdas concerning the provisions that apply when a marriage is made conditional on virginity.["The Kitab-i-Aqdas: The Most Holy Book", p. 120, and p. 150.] She enquires whether this law applies ONLY if the marriage is conditioned on virginity and she wishes to know whether it applies mutatis mutandis. The following extract from a letter dated 2 February 1982, written on behalf of the Universal House of Justice, addresses these issues:
- "It is apparent from the Guardian's writings that where Bahá'u'lláh has given us a law as between a man and a woman it applies mutatis mutandis between a woman and a man unless the context should make this impossible. For example, the text of the Kitab-i-Aqdas forbids a man to marry his father's wife (i.e. his step-mother), and the Guardian has indicated that likewise a woman is forbidden to marry her step-father.
- "It should also be borne in mind that Bahá'u'lláh envisages the possibility for specific conditions to be laid down and agreed upon by the parties prior to their marriage. This means that in addition to the spiritual covenant the parties become committed to, they are permitted by the Author of our Faith to enter into a form of contract, if they choose, with defined conditions and provisions binding on both parties. In one of these cases you cite, for example, that of a wife who is found by her husband not to have been a virgin, the dissolution of the marriage can be demanded only "if the marriage has been conditioned on virginity"; presumably, therefore, if the wife wishes to exercise such a right in respect to the husband, she would have to include a condition as to his virginity in the marriage contract.
"With regard to Miss xxxx's specific questions about the application of this law, the Research Department has not been able to locate any references in the Bahá'í Teachings that shed light on her questions. We note, however, that this particular law is one that is not currently binding on the believers in the West. No doubt, when the appropriate time for its application comes, the Universal House of Justice will provide the necessary elucidations and any supplementary legislation that might be required in order for the law to be applied with justice."
- (Research Department, Monogamy, Sexual Equality, Marital Equality, and the Supreme Tribunal, section on "Sexual Equality")
