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If she is a minor who has not yet begun menstruating, then, according to the correct view, she is not entitled to the full dower without an oath. If she alleges intercourse, the husband must swear an oath and pay half the dower, pending her attainment of puberty. Once she reaches puberty, she must swear an oath and receive the remaining half. If she declines to swear, the husband is not required to swear a second time. If, however, the husband initially declines to swear, he must pay the entire dower and may not require her to swear upon reaching puberty. This follows the ruling concerning a minor whose claim is supported by a single witness. It has also been said that a minor, unlike an adult woman, need not swear an oath. This is an unlikely view, for there is no distinction between an adult and a minor except what we have mentioned: the minor is required to swear upon reaching puberty. Success is through Allah alone.
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Requiring her to swear an oath is the stronger view, for, as explained above, seclusion is an indication that her account is truthful, like a witness, possession, or knowledge of a lost item’s container and tying cord; it does not constitute complete proof. Those who accept her allegation of intercourse without an oath treat seclusion as complete proof. This is the position of Ahmad ibn al-Muʿaddal, as related by ʿAbd al-Haqq in his large work. It is an unlikely position, for which I see no justification except consideration for the view that seclusion entitles her to the entire dower even if both spouses acknowledge that no intercourse occurred.
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The wife must observe the waiting period in either of two circumstances: where seclusion is known to have occurred, or where both spouses acknowledge having had intercourse, even if no seclusion between them is known to have occurred. The husband acquires the right to take her back in either of two circumstances: where both acknowledge intercourse and seclusion is known to have occurred, or where he alleges intercourse despite her denial, in any situation in which her account would have been accepted had she alleged intercourse and he denied it. This is a general rule: wherever the woman’s account is accepted regarding her allegation of intercourse, the husband’s account is accepted regarding his right to take her back and his claim to have paid her the dower. This concludes the summary of this chapter. Success is through Allah alone.