all of the dower, it is permissible, provided the one among them who forgives is a person of sound judgment (rashid) whose disposal of his wealth is valid. If one is a minor or feebleminded (safih), their forgiveness is not valid, because they do not have the capacity to dispose [of their wealth] through gifting or waiving. It is not valid for a guardian to forgive the wife's dower, whether he is a father or other than him, and whether she is a minor (11) or an adult. Ahmad explicitly stated this in the narration of the group. Ibn Mansur reported from him: 'If he divorces his wife and she is a virgin before he has consummated the marriage with her, and her father or husband forgives [the dower], I do not see the father's forgiveness as anything but valid.' Abu Hafs said: 'I do not see what Ibn Mansur reported as anything but an old opinion of Abu 'Abd Allah.' The literal meaning of Abu Hafs's statement is that the issue is a single narration and that Abu 'Abd Allah recanted his opinion regarding the validity of the father's forgiveness. This is the correct view, because his school of thought is that it is not permissible for the father to waive the debts of his minor child, nor to emancipate their slaves, nor to manage their affairs (12) except for that in which there is their interest (13). As there is no benefit for her in this waiver, it is not valid. If we were to adopt the narration of Ibn Mansur, it would not be valid except under five conditions: First, that he be the father, because he is the one who manages her wealth and is not suspected regarding it (14). Second, that she be a minor, so that he is the guardian over her wealth, for an adult manages her own wealth. Third, that she be a virgin, so that she is not considered used, and because he does not have the authority to marry off a previously married woman (thayyib) even if she is a minor; thus, [his guardianship over her] (15) would not be complete. Fourth, that she be divorced, because before the divorce, she is exposed to the dissolution of the marriage contract. Fifth, that this be before consummation, because after it, the marriage contract has been fulfilled, and he cannot forgive the equivalent of something already realized. The school of al-Shafi'i is along the lines (16) of this, except that he considers the grandfather to be like the father.
(10) Omitted from: the original. (11) Omitted from: A, B, and M. (12) In the original, A, and B: "la-hum" (for them). (13) In the original, A, and B: "maslahatihim" (their interest). (14) In B and M: "alayha" (over her). (15) In A, B, and M: "wilayatuha 'alayhi" (her guardianship over him). (16) In B and M, an addition: "min" (of/from).