An example of a deferred dowry is when a man marries a woman with a dowry due after one year. She may not withhold herself before that time, because what the contract entails is her surrendering herself, while the contract includes deferral of the dowry and her acquiescence in surrendering herself. Thus, her surrendering herself becomes obligatory by virtue of the contract, whereas payment of the dowry becomes obligatory upon its due date, since she agreed to defer it.

However, if she says, “Yes, I agree to defer it, but I will not surrender myself until I receive it,” then she may withhold herself on the basis of that condition. The Prophet ﷺ said: “The conditions most deserving of fulfilment are those by which you made private relations lawful.” (1) But without such a condition, she has no right to withhold herself.

This issue demonstrates the soundness of a matter discussed earlier regarding sale: retaining the sold item until its price is paid. For example, a seller may say to the buyer, “I will not hand over the goods to you until you hand over the price to me.” According to the madhhab, he has no right whatsoever to retain it until its price is paid. The second view is that he does have the right to retain it until its price is paid, and this is the more correct view, as mentioned previously.

His statement, “But if it is deferred, or it becomes due before consummation, or she voluntarily gives herself to him, then she has no right to withhold herself”: these are three cases:

The first is where the dowry is deferred: she has no right to withhold herself. This has already been discussed.

The second is where the dowry becomes due before consummation: she has no right to withhold herself.