Section: If the wife of a minor, a feebleminded person, or an insane person departs [from the marriage] in a manner that causes the dower to be remitted for them—such as if his wife performs an act that voids her marriage, like nursing someone whose marriage is voided by that nursing, or apostasy, or a condition (17) for divorce from a feebleminded person, or nursing from a foreign woman for someone whose marriage is voided by that nursing, or the like—their guardian has no right to waive any part of the dower, according to a single narration. This is also not permissible according to al-Shafi'i, according to a single opinion. The difference between them and the minor [wife] is that her guardian gained the dower for her by marrying her off, whereas here, he did not gain anything for him; rather, the dower returned to him due to the separation.

Section: If a woman waives the dower she is owed by her husband, or part of it, or gives it to him after having taken possession of it, while she is a person of sound judgment (rashid) in her wealth, this is permissible and valid. We are not aware of any disagreement regarding this, based on the saying of Allah the Almighty: {Unless they forgive} [Qur'an 2:237], meaning the wives. Allah also says: {But if they give up anything thereof to you, then take it with satisfaction, with good success} [Qur'an 4:4] (18). Ahmad said, in the narration of al-Marwudhi: 'It is nothing.' He said: 'Allah the Almighty says: {Take it with satisfaction, with good success}, He named it something other than the dower that the woman gives to the husband.' 'Alqama said to his wife: 'Give me [a portion] from the pleasant and wholesome [dower].' Meaning, from her dower. Does she have the right to revoke what she has gifted to her husband? There are narrations (19) from Ahmad regarding this, and a disagreement among the scholars, which we have mentioned previously.

Section: If she is divorced before consummation and the dower is halved between them, it must be either a debt or a concrete asset ('ayn). If it is a debt, it must either be a debt owed by the husband that he has not yet delivered to her, or it is owed by her, in the sense that she has taken possession of it and disposed of it, or it has perished in her hand. In both cases, the one who holds the right to the debt may waive their portion of it by saying: 'I have forgiven my right to the dower,' or 'I have remitted it,' or 'I have absolved you of it,' or 'I have transferred ownership of it to you,' or 'I have gifted it to you,' or 'I have made it lawful for you,' or 'You are absolved from it,' or 'I have left it for you.' Whichever of these expressions is used, the dower is voided (20) thereby, and the other party is absolved of it, even if he does not accept, because it is the waiver of a right, and thus does not require acceptance, like the waiver of retribution (qisas), pre-emption (shuf'a), manumission ('itq), or divorce.