the consolation gift (mutʿah) only. If the wife dies first, the husband inherits from her; but if he dies before consummation, she is entitled to neither dower nor consolation gift, though she inherits from him and must observe the waiting period. The customary dower of women comparable to her (ṣadaq al-mithl) becomes obligatory only upon consummation where no dower had previously been stipulated.

According to Mālik and his colleagues, it is impermissible for a man to free one of his own slave-women and treat her emancipation as her dower. If a marriage is concluded without a dower being named, and the husband later fixes an amount lower than the customary dower which a previously-married woman (thayyib) accepts, the contract is valid. If the bride is a virgin who accepts such a sum while her guardian objects, the guardian’s objection prevails. Should he marry her without naming a dower, then, with her consent, determine one and later divorce her before consummation, she is entitled to half of the amount that was agreed upon.

If the contract states that the dower will be set “by him,” “by her,” or by “Zayd” (or any other named person), it is valid; otherwise the judge dissolves the marriage and the husband owes nothing. Should consummation occur, the wife is entitled to the customary dower. Some of Mālik’s companions drew a distinction, allowing the formula “his judgment” while rejecting “her judgment,” but this distinction has no sound basis.

A corrupt dower clause invalidates the marriage before consummation; after consummation the marriage stands and the wife receives the customary dower. The call to dissolve such contracts is only recommended, owing to the uncertainty (gharar) involved in the invalid dower, for once intercourse has taken place the marriage is established and the wife is owed the customary dower.

If a man marries a woman for jars of vinegar that prove to be wine, he must deliver to her the same quantity of vinegar. If he marries her for wine or for swine, the contract is annulled before consummation and she receives nothing. Should consummation have already occurred, Mālik’s reports diverge: at one time he ruled that the marriage is annulled and, because of intercourse, the woman is owed the customary dower; at another he held that the marriage stands and she is still owed the customary dower. The latter view is the settled position of the school.

If, at the moment the dower is stipulated, the woman’s guardian requires the husband to supply grain, clothing