What is the ruling on the dower if the stipulation to divorce another wife fails or is delayed?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If the husband fails to divorce the co-wife as stipulated when the dower was the divorce of the other wife, the ruling depends on the agreed timeframe. If a specific time limit was set for the divorce and the time passes without it occurring, the matter reverts to the husband's discretion. Regarding the wife's right to the stipulated dower, there are two views: one holds that her right is forfeited because she willingly forfeited the stipulated benefit by not fulfilling the condition within the time frame, similar to the case where one stipulates a slave as dower and the husband frees the slave. The second view is that her right does not lapse because she merely delayed realizing her right, similar to postponing the receipt of a debt.
Supporting text
If the stipulation fails, it is debated whether the wife reverts to the customary dower (mahr al-mithl) or the dower specified for the co-wife. If the divorce was not executed, another view suggests she is entitled to the customary dower, or alternatively, the value of the stipulated divorce, similar to when the stipulated dower, such as a slave, turns out to be something else (e.g., a free person).