What is the ruling regarding waiving or relinquishing the right to the deferred portion of the *mahr* (dower) after a divorce before consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If the deferred portion (*dayn*) of the *mahr* is still in the husband's liability and has not been paid to the wife, the creditor (the wife) has the right to forgive his right concerning that *mahr*. This forgiveness is valid using terms such as: 'I have forgiven my right from the *mahr*,' 'I have dropped it,' 'I absolve you of it,' 'I grant ownership of it to you,' 'I gift it to you,' 'I make it permissible for you,' or 'You are free regarding it.' Upon stating any of these, the *mahr* is dropped, and the other party is absolved, regardless of acceptance, because it is a relinquishment of a right, which does not require acceptance, similar to the relinquishment of *qisas* (retaliation), preemption (*shuf'ah*), manumission, or divorce. Furthermore, the absolution of a deceased person is valid without acceptance from their estate.
Supporting text
If the creditor wishes to forgive the *mahr* held in the debtor's liability when the *mahr* is a specific item (*ayn*) rather than a debt, the wording of absolution (*'afw*) does not suffice; rather, the transaction must take the form of a gift (*hibah*) or conveyance of ownership, and it requires physical possession (*qabd*) if the gifted item necessitates it.