Section

If he stipulates her bridal gift as one thousand if her father is alive, and two thousand if he is dead, the customary bridal gift becomes due, …

His statement, “If he stipulates her bridal gift,” means: if the husband stipulates the wife’s bridal gift.

His statement, “one thousand”: he does not specify what this amount is of. But we may say: one thousand dirhams, one thousand dinars, one thousand camels, or one thousand cattle.

His statement, “if her father is alive, and two thousand if he is dead, the customary bridal gift becomes due,” is due to uncertainty, because we do not know whether the one thousand or the two thousand is binding. Suppose that her father went out on a military expedition and no news of him was known. The husband then says: “Your bridal gift is two thousand if your father is dead, and one thousand if he is alive.” The author says that this specification is invalid because of the uncertainty.

However, if his condition is known, there is no problem with this. If it is known that he is alive, her bridal gift is one thousand; or if it is known that he is dead, her bridal gift is two thousand. But if his condition is unknown, the author says that this specification is invalid and that the customary bridal gift becomes due. The reasoning is that she has no valid interest in this arrangement, since the bridal gift will belong to her whether her father is alive or dead. This is the position adopted by the jurists of the school, may Allah have mercy on them.

The stronger view, however, is that the specification is valid, because she does have an interest in it. If her father is dead, she needs an increased bridal gift, as she may need financial support, medicine for an illness, or something similar. But if her father is alive, she can rely on him, and a smaller bridal gift will suffice her.