what you have ruled.” Ibn Masʿud was delighted by this report (1).

Al-Shafiʿi said: “If the hadith concerning Barwaʿ bint Washiq is established, then no one’s opinion can serve as proof in opposition to the saying of the Prophet, peace and blessings be upon him. But if it is not established, then she is not entitled to a dower, though she is entitled to inheritance.” Ali used to say concerning the hadith of Barwaʿ: “The statement of a Bedouin from Ashjaʿ cannot be accepted in opposition to the Book of Allah and the sunnah of the Messenger of Allah, peace and blessings be upon him.”

“And if you divorce them before you have consummated the marriage with them, but after having stipulated for them a dower, then half of what you stipulated is due—unless they waive it, or he in whose hand lies the marriage bond waives it. Yet to waive is nearer to God-consciousness. And do not forget graciousness between yourselves. Truly, Allah sees all that you do.” (237)

His saying, exalted is He, “And if you divorce them before you have consummated the marriage with them, but after having stipulated for them a dower, then half of what you stipulated is due,” concerns a woman divorced after a dower has been stipulated but before consummation. She is entitled to half of the stipulated dower. If either spouse dies before consummation, she is entitled to the full stipulated dower.

What is meant by the touching mentioned in the verse is intercourse. The scholars differed regarding a man who is alone in seclusion with his wife and then divorces her before consummating the marriage with her. One group held that she is entitled only to half the dower and is not required to observe a waiting period, for Allah, exalted is He, made half the dower obligatory in the case of divorce before intercourse, but did not make a waiting period obligatory. This was the view of Ibn ʿAbbas and Ibn Masʿud, and it was also the view of al-Shafiʿi.

Another group said that she is entitled to the full dower and must observe the waiting period, based on what is related from Umar: “Once the curtains have been lowered, the dower becomes due.” The same is related from Zayd ibn Thabit. Some understood Umar’s statement to mean that the dower must be delivered to her once she has made herself available to him, not that the dower is thereby confirmed in full.

It was also said that this verse abrogates the verse in Surat al-Ahzab: “Then there is no waiting period for you to observe concerning them; so provide for them” (49, al-Ahzab). Previously, a woman divorced before consummation was entitled to a compensatory gift; this was abrogated by this verse, which makes half of the stipulated dower obligatory for a woman divorced before consummation after a dower has been stipulated, and she is not entitled to a compensatory gift.

40/b His saying, exalted is He, “but after having stipulated for them a dower,” means: after you have specified a dower for them. “Then half of what you stipulated” means: she is entitled to half of the specified dower. “Unless they waive it” refers to the women: unless the woman relinquishes her share, in which case the entire dower returns to the husband.

His saying, exalted is He, “or he in whose hand lies the marriage bond waives it”: they differed regarding this. Some held that the one in whose hand lies the marriage bond is the guardian. This was the view of Ibn ʿAbbas. Its meaning is: unless the woman waives it by relinquishing her share to