or not; and if she makes that choice before consummation, the dower lapses.
If a man grants his wife the option to choose (takhyīr) or empowers her to pronounce divorce upon herself (tamlik) and she opts for separation before consummation, her dower is not forfeited, because in that case the divorce is initiated by the husband, not by her.
Should she apostatise before consummation, her dower falls away. If it is the husband who apostatises, there are two opinions: according to the first she receives nothing, while the second awards her half of the dower.
When spouses engage in liʿān (mutual imprecation) before consummation, the wife’s dower is annulled.
If he divorces her through khulʿ in return for something taken from her property and, before consummation, neither of them mentions the dower, Mālik holds that the dower lapses, whereas other jurists disagree. Should the khulʿ be concluded for part of her dower before consummation, she is entitled to one-half of what remains.
If a father guarantees, out of his own wealth, the dower owed by his son, he is liable for it in every circumstance. Thus, if the son divorces the woman before consummation, half of the dower is due to her and is paid by the father. The son has no claim against his father for any portion of the remaining half, and if the father dies that remaining half passes to his heirs.
When a master guarantees, on behalf of his slave, the dower owed to the slave’s wife and, before consummation, delivers the slave himself to her in satisfaction of that dower, the marriage is dissolved, the dower becomes void, and the slave is returned to his master. If he gives her the slave after consummation, the marriage is dissolved and the slave becomes her property.
If a wife remits part of her dower to her husband on the condition that he will not take another wife, and this stipulation is made within the marriage contract, then, should he later marry another, she may not reclaim what she forgave—this is the view transmitted from Ibn al-Qāsim. Ibn ʿAbd al-Ḥakam relates from him that if the remainder of her dower equals or exceeds the customary dower for a woman of her standing, she has no recourse; but if what she remitted brings the remainder below the customary dower and he then marries another, she is entitled to the full customary dower.
And if that remission takes place after the contract and he then marries