the customary dowry; but if he divorces her before consummation, she is entitled to a consolatory gift, as Allah, Most High, says in this verse:

“And provide for them—the wealthy according to his means and the poor according to his means.” [Quran 2:236]

It will come later that the judge is responsible for assessing the consolatory gift according to the husband’s financial circumstances, whether he is wealthy or poor.

Second: leaving the dowry unspecified. This is where the dowry is mentioned without being determined. The author says:

“Leaving the dowry unspecified is to marry her on whatever either of them, or a third party, chooses …”

His statement, “Leaving the dowry unspecified is to marry her on whatever either of them, or a third party, chooses”: An example is that a man proposes for another man’s daughter, and he agrees. The suitor then asks, “How much dowry do you want?” He replies, “Whatever you wish.” Or the guardian asks the suitor, “How much dowry will you give me?” and he replies, “Whatever my daughter wishes.” In the first case, the determination of the dowry is entrusted to the suitor; in the second, it is entrusted to the guardian.

Or the guardian says, “How much dowry will you give us? Her grandfather is a miserly man.” The suitor replies, “Whatever her grandfather wishes.” Here, the person entrusted with determining it is a third party, because what is meant here by a third party is someone other than the guardian. The grandfather has no guardianship when the father is present.

What would lead a person to leave the dowry unspecified?

The answer is either to honor the husband, or because the husband is apprehensive about marrying into this tribe and says, “Set whatever amount you wish.”

The difference between leaving the marital rights unspecified and leaving the dowry unspecified is that, in the former, the dowry is not mentioned at all, whereas in the latter it is mentioned but not determined—neither its amount, its category, nor its type.