the entire dowry, since half the dowry for a woman whose marriage has not been consummated is equivalent to the entire dowry for one whose marriage has been consummated. This, however, is incorrect. For a woman whose marriage has been consummated, intercourse establishes a firmly vested entitlement to the dowry, which neither annulment nor apostasy can extinguish. For a woman whose marriage has not been consummated, the marriage contract does not establish a firmly vested entitlement to any part of the dowry. Had her entitlement to half of it been firmly vested, it would not have lapsed through annulment or apostasy. Thus, when Allah, Exalted is He, made it obligatory for her, although it had not previously been due, and did not command that she be given a consolatory gift, this indicated that she was entitled to nothing beyond it. This is clear, and all praise belongs to Allah. Some scholars consider it commendable for the husband to give her a consolatory gift in this case, but do not deem it obligatory, since the text admits more than one interpretation. These, then, are three opinions.
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As for a woman divorced after consummation, whether or not a dowry has been specified for her, scholars hold two opinions. The first is that the husband is obliged to give her a consolatory gift and may be compelled to do so, on account of Allah’s words:
“And divorced women are entitled to a reasonable provision—a duty upon those mindful of Allah.” [Al-Baqara: 241]
Those holding this view say that every believer is mindful of Allah and that the verse contains no restriction. The second opinion is that he is instructed and encouraged to give it, but is not compelled to do so. He is told, “Give her a consolatory gift if you are among those mindful of Allah,” as we explained earlier concerning the words, “If you are among those who do good.” This is the position of Mālik—may Allah, Exalted is He, have mercy on him—and all his followers.
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Scholars have differed over whether the consolatory gift is more binding for this divorced woman or for one divorced before consummation whose dowry had not been specified. There are four opinions. The first is that neither is entitled to it as an obligation. This is the position of Mālik and all his followers. The second is that it is obligatory for both, and that a judicial ruling enforcing it must be issued in both cases. The third is that the consolatory gift is more binding for a woman whose marriage has been consummated than for one whose marriage has not, because Allah prescribed the gift for her without using an imperative, which may indicate either obligation or recommendation. He said:
“And divorced women are entitled to a reasonable provision—a duty upon those mindful of Allah.” [Al-Baqara: 241]
Those holding this view also cite the words of Allah, Mighty and Majestic:
“O Prophet, say to your wives, ‘If you desire the life of this world and its adornment, then come: I will provide for you and release you graciously.’” [Al-Ahzāb: 28]
Thus He expressly prescribed giving them a gift when they were