a person’s superiority that no one inferior to him should ever draw his attention to any matter. The hoopoe said to Solomon:

“I have learned what you have not, and I have come to you from Sheba with certain news.”

[Surah al-Naml: 22]

Moses also said to al-Khidr:

“May I follow you so that you may teach me some of the sound guidance you have been taught?”

[Surah al-Kahf: 66]

The difference between Moses and al-Khidr was greater than the difference between Umar and his peers among the Companions. Yet this did not mean that al-Khidr was even close to Moses in rank, much less his equal. Rather, the prophets who followed Moses—such as Aaron, Joshua, David, Solomon, and others—were superior to al-Khidr.

The view Umar had held was the sort that may occur to an eminent jurist exercising independent legal reasoning. This is because the dower entails a right due to Allah Most High and is not of the same nature as a price or a fee. Property and benefits may be rendered lawful by permission and may be given without compensation. Sexual relations, however, cannot be rendered lawful merely by permission. By the consensus of the Muslims, no one other than the Prophet—may Allah bless him and grant him peace—may marry without a dower. Having sexual relations made lawful through a marriage in which there is no dower was an exclusive privilege of the Prophet—may Allah bless him and grant him peace. A marriage contract may, however, be concluded without specifying the dower, in which case the dower customarily received by women of her standing becomes obligatory. If the husband dies before setting a dower for her, the Companions and jurists held two opinions concerning her case.

The first is that nothing is due. This was the position of Ali and those who followed him, including Mālik and al-Shāfi‘ī in one of his two opinions.

The second is that the dower customarily received by women of her standing is due. This was the position of Abd Allah ibn Mas‘ūd, Abū Hanīfa, Ahmad, and al-Shāfi‘ī in his other opinion.

The Prophet—may Allah bless him and grant him peace—issued the same ruling in the case of Birwa‘ bint Wāshiq(1), and this was therefore the judgment of the Messenger of Allah—may Allah bless him and grant him peace. Thus, Umar’s position did not remain