she must be handed over. According to the madhhab, however, she need not be handed over. This is conditional upon there being no fear of the husband. If he is feared—such that we know the man is not particularly upright, and that if we hand the woman over to him, he may have intercourse with her—then she is not handed over until she becomes pure. Likewise, if the woman is ill and the husband is someone who does not fear Allah, and we fear that he will have intercourse with her while she is ill and thereby harm her, then we do not hand her over.

His statement, “in the husband’s house,” means that she must be handed over in the husband’s house. This accords with the custom in some lands. Thus, if the husband says, “Let her come to the house,” we say: she must be handed over to him in his house. However, this statement is qualified by the condition that it does not conflict with customary practice. If it does conflict with custom, then we return to the established principle: “Live with them in kindness.” If people customarily expect the husband to come to the wife’s family home, then he is required to do so.

Thus, the author has stipulated four conditions for the obligation to hand the woman over to her husband:

First: that she be free.

Second: that she be one with whom intercourse is possible.

Third: his statement, “if he requests her,” meaning that the husband requests that she be handed over.

Fourth: his statement, “and she has not stipulated her own house or town,” if the husband’s house is in another town.

If these conditions are met, she must be handed over, and her husband must also take her into his care. If he concludes the marriage contract with her and then says every day, “Today I will consummate the marriage; today I will consummate the marriage,” then, once four months have passed without his consummating the marriage, she has the right to annulment.