Does she differ from other wives in matters besides this one? We have previously mentioned that she differs from them in a number of rulings, including:

First: she is not entitled to receive from an endowment designated for an unmarried woman. Thus, if she is divorced, we do not say that she now becomes entitled to it because she is unmarried.

Second: if she marries a man other than the child’s father, she forfeits her right of custody; if she is then divorced, it returns to her.

An irrevocably separated woman through annulment or divorce is entitled to these provisions if she is pregnant, …

His statement, “An irrevocably separated woman through annulment”: annulments are of many types. One of them is annulment due to the non-fulfilment of a condition. For example, a woman stipulates that her husband not take another wife. This is a valid condition; if he marries another woman, she has the right to annul the marriage contract. When Umar, may Allah be pleased with him, was asked, “Commander of the Believers, how can she annul the contract?” he replied, “Rights cease at stipulated conditions” (1)—that is, her right is terminated upon the fulfilment of her stipulated condition. If she annuls the contract, the separation is irrevocable, and it is not lawful for her husband to take her back unless he enters into a new marriage contract with her.

Another example: a man stipulates for his wife a dower deferred for one month. Once the month has passed, and the man is unable to pay the dower, does she have the right to annul the marriage? It has previously been stated that she does. If she annuls it, the separation is irrevocable. In sum, every separation that occurs without divorce is an irrevocable separation.