the prompt dower, if requested. As for the situation where maintenance is not obligatory for him, such as a young girl or one who prevents herself [from him], Abu Abd Allah ibn Hamid said: The delivery of the dower is mandatory. This is the view of al-Shafi'i; because the dower is in exchange for the ownership of the marital intimacy (bud'), which he has already acquired, unlike maintenance, which is in exchange for sexual availability (tamkin). Others rejected this and said: She has already acquired the dower in exchange for what he has acquired of her marital intimacy, so she has no right to demand its fulfillment except when the husband is able to realize the counter-value.

Section: The possibility of intercourse with a young girl is considered according to her condition and her capacity for it. This was stated by al-Qadi. He mentioned that they vary; a young girl in age may be fit, while an adult may not be. Ahmad defined it as nine years old, stating in a narration by Abu al-Harith, regarding the young girl whose husband demands her: If she has reached nine years, she is handed over to him; they have no right to restrain her after nine. He relied in this on the fact that the Prophet (peace be upon him) consummated the marriage with Aisha while she was nine years old. Al-Qadi said: In my view, this is not by way of a strict definition, but he mentioned it because it is generally the case that a nine-year-old girl is capable of being enjoyed. Therefore, whenever she is not fit for intercourse, it is not obligatory for her family to hand her over to him, even if he claims that he will foster and raise her and that he has those who will serve her; for he does not possess the capacity to enjoy her, she is not a suitable subject for it, and his own desire to have relations with her cannot be guaranteed, which would lead him to injure or kill her. If her family demands that she be handed over to him, and he refuses, he has the right to do so, and he is not obligated to pay her maintenance; because he is not able to obtain his right from her. And if she is an adult but is suffering from an illness...