Does the full *mahr* become established when a barrier prevents sexual intercourse after valid seclusion?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
There is a narration from Ahmad that the *mahr* is established in all cases where intercourse is prevented, including impediments such as being in a state of *ihram* (pilgrimage sanctity), fasting, menstruation, post-natal bleeding, physical inability (impotence or being sealed), or physical blockage (imperforate hymen in the woman). This position is supported by Atah, Ibn Abi Layla, and Al-Thawri, based on the general evidence of consensus regarding seclusion.
Supporting text
Another narration from Ahmad states that the *mahr* is not fully established if the wife prevents the access, similar to a situation where a tenant prevents access to rented property. A third narration from Ahmad distinguishes based on the type of fast: if they are fasting the obligatory Ramadan fast, the *mahr* is not completed, but if the fast is voluntary, the *mahr* is completed. Al-Qadi suggests that if the barrier does not prevent the desire for intercourse (like impotence or menstruation), the *mahr* is established; otherwise, if it prevents the desire (like *ihram* or obligatory fasting), there are two narrations. Abu Hanifa differentiates based on who causes the barrier: if it is from her side, the *mahr* is not established; if it is from his side (like obligatory fast or *ihram*), it is not established; but if it is due to impotence or castration, the *mahr* is completed because her right of submission was met.