How should the single stipulated dowry be divided among the four wives when the marriage is valid?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The single dowry must be divided among the four wives proportionally according to the value of their respective customary dowries (*mahurihunna*). This is the position of Al-Qadi, Ibn Hamid, Abu Hanifa and his two companions, and Al-Shafi'i. The reasoning is that the contract involves items of differing values (the women's rights to dowry), thus the consideration must be apportioned according to that value, similar to selling a share of land and a sword together, or buying two slaves where one is found to be free or stolen, in which case recovery is based on the value of the compromised item. Ahmad confirmed this principle regarding a man marrying two women where one is found free, stating that he recovers the value of the free woman.
Supporting text
Abu Bakr held that the dowry must be divided equally among them because the dowry was attributed to them with a single attribution, similar to a gift or acknowledgment made to them collectively. He argued that proportional division leads to unknowing the specific consideration for each wife, which would invalidate the contract.