Is the full dower (*mahr*) due if the husband and wife are secluded (*khalwa*) but consummation is impossible?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

The full dower is not required if seclusion occurs, but the wife is too young for consummation, or if the wife prevents the act after seclusion, or if the husband is blind and unaware of her entry. This ruling is stated by Ahmad. If a blind man marries a woman, and she enters upon him, closes the door, and he is unaware of her entry, she is due half the dower. Similarly, if she rebels or prevents herself from him, the full dower is not due. This is because the opportunity for the husband to exercise his right was not established, equating the situation to one where no seclusion occurred. Furthermore, if seclusion occurs while the husband is a child unable to perform the act, the full dower is not completed because he is in the same category as a minor regarding the inability to consummate the marriage.