and it is invalid; she is entitled to the customary bridal gift. If he makes a box of cigarettes her bridal gift, it is invalid, and she is entitled to the customary bridal gift. Likewise, if he makes wine her bridal gift, it is invalid, and she is entitled to the customary bridal gift.
Some scholars said: She is entitled to its equivalent in grape juice, because that more closely corresponds to the stipulated item. Thus, if it was wine made from grapes, we say that she is due an equivalent amount of grape juice, corresponding to that item. This is because its prohibition here is due to its attribute; thus, the attribute is disregarded while the underlying substance remains. However, according to the madhhab, once it has become wine, it is intrinsically impure—just as if he were to make a dead sheep her bridal gift. This too is prohibited because of its attribute. In this case, do we say that he owes her an equivalent sheep, disregarding the attribute? Or do we say that the stipulated bridal gift is invalid and that she is entitled to the customary bridal gift, since the Prophet ﷺ prohibited the sale of wine and carrion (1), and this is general?
The sale of carrion is impermissible, and likewise it is impermissible to make it a bridal gift, because a sale contract concerning it is invalid. But do we say here that impurity and prohibition have subsequently attached to it, such that he owes her an equivalent sheep? Or do we say that the stipulated bridal gift is invalid, so the customary bridal gift becomes due? The madhhab holds that the stipulated bridal gift is invalid, and thus the customary bridal gift becomes due. Those who hold that wine is to be assessed as vinegar would, by analogy, say in this case that the attribute is to be disregarded, so that it is not treated as carrion, and he owes her an equivalent sheep.
The important point is that this principle is very beneficial: whenever the stipulated bridal gift is invalid, the customary bridal gift becomes due. Thus, if he makes something unknown her bridal gift, or an escaped slave, or something similar, it is invalid, and she is entitled to the customary bridal gift. The evidence for this is the hadith of Abdullah ibn Mas'ud—may Allah be pleased with him—concerning a woman whose husband contracted marriage with her