Is it permissible to consummate the marriage before giving the wife any dower (mahr)?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
Consummation of marriage is permissible before giving the wife anything, regardless of whether the dower was delegated (tafwid) or specified. This view is held by Sa'id ibn al-Musayyab, al-Hasan, al-Nakha'i, al-Thawri, and al-Shafi'i. It is also reported from Ibn Abbas, Ibn Umar, al-Zuhri, Qatadah, and Malik. Evidence supporting this includes the Hadith of 'Uqbah ibn 'Amir, where the Prophet (PBUH) married someone and consummated the marriage without giving her anything first. Furthermore, 'A'ishah reported that the Prophet (PBUH) commanded her to consummate a marriage before giving the wife anything. Analogy dictates that since the dower is consideration in a contract of exchange, the validity of delivering the consideration is not contingent upon receiving any part of it, similar to the price in a sale or the rent in a lease.
Supporting text
The opposing view, supported by Malik, al-Zuhri, and others, states that consummation is not permitted until something is given to her. Al-Zuhri stated that the established Sunnah dictates not consummating the marriage until something is given. Ibn Abbas suggested giving her one of his sandals. The reports suggesting prior giving are interpreted as being recommended (mustahabb) to align with the traditions and customs, to distinguish the delegated wife from a gift recipient, and to preempt disputes.