As for denying rescission when a valid stipulation goes unfulfilled, and the assertion that marriage to a free woman cannot be rescinded on account of a defect, this has absolutely no basis in the words of the Lawgiver. Rather, whenever a valid stipulation goes unfulfilled, the person who made it has the right to rescind.

Is a stipulation made before the contract equivalent to one made when the contract is concluded? There are two views. The correct view is that it is equivalent. This is the apparent position of the schools of Ahmad and Mālik, and a view within the school of al-Shāfi‘ī, inferred from its rulings on private agreements and public declarations. Ahmad makes the publicly specified amount binding, even if it is less than what was privately agreed. However, he makes that amount binding for purposes of outward judgment, while instructing them to fulfil what they stipulated for him. On this understanding, the private agreement is not enforced because it has not been established by evidence; if it is established, judgment is given accordingly.

If, however, it is said that the private agreement is never enforced, this is because they publicly declared something contrary to what they privately intended, and marriage is founded on public declaration, not secrecy. This differs from a stipulation that they have not publicly contradicted, whether in marriage, sale or another contract. According to him, such a stipulation must be fulfilled and has an effect on the contract. If al-Shāfi‘ī holds that the private agreement is given effect in marriage, then this applies all the more to other contracts.

As for the validity of marriage despite an invalid stipulation, the basis for this argument is marriage without specifying a dower. Yet this is not an invalid stipulation: an invalid stipulation is unlawful to make, whereas this marriage is lawful. Thus, if he marries her without specifying a dower, but in accordance with the customary understanding that she must receive one—either an amount upon which they mutually agree or the customary dower of comparable women—then this marriage is lawful and contains no invalid stipulation. Thus, on the basis of those two analogies