Can a guardian forgive the dower on behalf of the wife?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The forgiveness of the dower on behalf of the wife by her guardian, whether he is the father or otherwise, is invalid, regardless of whether the wife is a minor or an adult. This is the explicit ruling of Ahmad in the view held by the majority of his narrators. This is because the dower is the wife's property, and the guardian does not possess the right to gift or nullify her property rights, similar to her other assets, nor do other guardians possess such authority.
Supporting text
A narration from Ibn Mansur attributed to Ahmad permits the father's forgiveness if the wife is a virgin divorced before consummation. However, the prevailing view suggests this is an older opinion from which Ahmad later retracted. If this older ruling were accepted, it would require five strict conditions: 1) The forgiver must be the father, as he is the guardian over her property and is considered free from suspicion concerning her. 2) The wife must be a minor, as an adult manages her own property. 3) She must be a virgin, as the guardian's authority is incomplete over a non-virgin even if she is a minor, since he cannot contract her marriage. 4) She must be divorced. 5) The divorce must occur before consummation, as the dower after consummation is compensation for an already invalidated right.