What is the ruling on the dower (Mahr) when a man marries two sisters in two contracts but has not consummated either?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
If no consummation has occurred with either sister, each is entitled to half of the stipulated dower. If they do not agree on the division, lots are drawn, and the one for whom the lot falls receives her share contingent upon taking an oath.
Supporting text
Abu Bakr held the view that the dower should be entirely forfeited if the husband is compelled to divorce before consummation. If consummation occurred with one, lots are drawn: if the lot falls to the unconsummated one, she receives half the dower, and the consummated one receives the customary dower (mahr al-mithl) for the use of her private part. If the lot falls on the consummated one, the other receives nothing, and the consummated one receives the full stipulated dower. If both were consummated, one receives the stipulated dower and the other receives the customary dower (mahr al-mithl), determined by lot.