Ibn Abbas, Alqamah, al-Hasan, Tawus, al-Zuhri, Rabi'ah, and Malik related that it is the guardian (wali), because the guardian after the divorce is the one who holds the knot of marriage in his hand, due to the fact that it has passed from the hand of the husband. Furthermore, Allah the Almighty mentioned the women's forgiveness regarding their portion, so it is appropriate that the forgiveness of the one who holds the knot of marriage should also be regarding it, so that the object forgiven in (4) both instances is the same. Also, because Allah the Almighty began by addressing the husbands directly, saying: {And if you divorce them before you have touched them}, then He said: {or [he] in whose hand is the marriage knot forgives} (5). This is an address to someone not present.

Our argument is what al-Daraqutni (6) narrated, with his chain of narration from 'Amr ibn Shu'ayb, from his father, from his grandfather, from the Prophet (may Allah bless him and grant him peace), that he said: "The master of the knot is the husband." Furthermore, the one who holds the knot of marriage after the contract is the husband, for he is capable of severing it, annulling it, or maintaining it, and the guardian has no part in that. Also, Allah the Almighty said: {And to forgo is nearer to righteousness} (5), and the forgiveness that is nearer to righteousness is the husband's forgiveness regarding his right; whereas the guardian's forgiveness regarding the woman's wealth is not nearer to righteousness (7). Additionally, because the dower is the property of the wife, the guardian does not have the authority to gift it or waive it, just like the rest of her wealth and rights, and like other guardians. It is not disallowed to shift from addressing the present to addressing the absent, as in the words of Allah the Almighty: {Until, when you are in ships and they sail with them by a good wind} (8). And He, the Almighty, said: {Say, "Obey Allah and obey the Messenger; but if you turn away - then upon him is only that with which he has been charged, and upon you is that with which you have been charged"} (9). Based on this, when the husband divorces before intercourse, the dower is divided equally between them. If the husband forgives her for the half that belongs to him, the entire dower is completed for her. If the woman forgives the half that belongs to her, and leaves for him