before consummation. If, however, the dispute arises after consummation, the marriage remains in force and she is entitled to a dowry equivalent to that of her peers, provided it is not higher than what she claims nor lower than what he acknowledges.

Ibn al-Qassār said: The spouses take oaths before consummation, while after consummation the husband’s statement prevails.

Aṣbagh said: The husband’s word is accepted if it is plausible for someone of his standing, whether or not it also accords with hers. If his claim is implausible but hers is plausible, her statement prevails; if her claim is also implausible they both swear oaths, and she receives the customary equivalent dowry. Al-Shāfiʿī’s position here is the same as his view when the disagreement concerns the amount: they exchange oaths and revert to the dowry of equals.

The jurists’ rationale for rescinding a sale will be set forth in the Book of Sales, God willing. As for their disagreement over the timing of liability, it only arises with a deferred dowry. According to Mālik’s underlying principle—the view most commonly attributed to him—the word regarding the due date belongs to the debtor, by analogy with sales, though this is disputed. Another question is: when does the dowry actually become obligatory—before or after consummation?

Those who compare marriage to sale say it is not due until after consummation, for the buyer in a sale does not owe the price until he has taken possession of the goods. Those who regard the dowry as a devotional requirement for the lawfulness of intimacy hold that it becomes due beforehand; hence Mālik recommended that the husband advance part of the dowry before consummation.

[The Third Pillar]
[Section One: Blood Impediments]

The third pillar concerns identifying the object of the contract. A woman becomes lawful under the Sacred Law in one of two ways: either through marriage or through right-hand ownership.

In general, the legal impediments are first divided into two classes: permanent and non-permanent. The permanent impediments are further subdivided into those on which there is consensus and those about which there is disagreement.

The agreed-upon impediments are three: kinship, affinity, and fosterage. The disputed ones are fornication and mutual imprecation (liʿān).

The non-permanent impediments are nine:

1. The impediment of number;
2. The impediment of combining certain women;
3. The impediment of slavery;
4. The impediment of unbelief;
5. The impediment of consecration (iḥrām);
6. The impediment of illness;
7. The impediment of the waiting period (ʿiddah)—though whether it is truly non-permanent is disputed;
8. The impediment arising from a triple divorce pronounced by the same husband;
9. The impediment of an existing marriage bond.

Altogether there are fourteen legal impediments, and this chapter will treat them in fourteen separate sections.