and had intercourse with her on that basis, the apparent meaning of the author’s words is that she is entitled to the customary dowry. The reasoning is that, once the contract itself is invalidated, its consequences—including the dowry—are also invalidated; thus, the stipulated dowry is nullified and the customary dowry becomes due.

An example is a man who marries a woman under a contract with a specified dowry, then discovers that she is his foster sister. Here, the mistaken presumption arises from a contract, because he married her and had intercourse with her believing her to be his wife. The author says that she is entitled to the customary dowry. But this requires consideration, for we say: they had both agreed to this stipulated amount, and he had intercourse with her on the basis that it was her dowry, and there is nothing to invalidate it.

The correct view, therefore, is that if the mistaken presumption arises from a contract and he stipulated a dowry for her, she is entitled to her specified dowry, whether it is equivalent to the customary dowry, greater than it, or less than it.

As for a woman with whom intercourse takes place under a mistaken presumption based on belief, she is entitled to the customary dowry, because she has no specified dowry. This is established by consensus. Were it not for the consensus, analogy would require that she receive nothing, since this is intercourse without a contract and he is excused for it. So how could he be required to pay the customary dowry?! If anyone holds that she is entitled to nothing, then his view is more deserving of being followed.

“Or adultery committed by coercion; and no compensation for the loss of virginity is due along with it, …”

His statement, “Or adultery committed by coercion,” means that the adulterer—may Allah protect us—coerced the woman and committed adultery with her. He must then pay the customary dowry to this woman with whom adultery was committed, because he had intercourse with her as a man has intercourse with his wife. This applies if she was coerced. But if she consented, she is entitled to nothing, because she consented to this intercourse, and