educated, religious, and a virgin, while the husband is poor, the dowry is assessed according to the wife’s circumstances, because it is compensation for her marital rights.

His statement, “If they agree upon it before that, it is permissible,” means that if they agree on it without referring the matter to the judge, the right belongs to them both; that is, there is no harm in it. Thus, if they say, “We will not go to the qadi; rather, we will reach an agreement between ourselves,” and the husband says, “The dowry is one thousand,” while she says, “Rather, it is two thousand,” and some people intervene and say, “One thousand five hundred,” or something similar, there is no objection, because the right extends no further than the two of them.

It is valid for her to waive her entitlement to the customary dowry before it is assessed. If either of them dies before consummation and assessment, the other inherits from the deceased, and she is entitled to the customary dowry of women like her.

His statement, “It is valid for her to waive her entitlement to the customary dowry before it is assessed.” (1)

His statement, “If either of them dies,” means either of the spouses.

His statement, “before consummation,” means intercourse; valid seclusion is treated as equivalent to it.

His statement, “and assessment,” means the assessment of the customary dowry.

His statement, “the other inherits from the deceased, and she is entitled to the customary dowry of women like her”: Suppose that a man contracts marriage with a woman whose dowry has been left unspecified, whether the delegation concerns the marital right itself or the dowry, and then he dies. In this case, we ask about three matters:

First: Is she entitled to a dowry?

Second: Does she inherit?

Third: Must she observe a waiting period?