its compensation (arsh), because her dower is sound. If she does not know of its defect until she has handed over herself, it is derived (yukhraj) based on the two views regarding when she hands herself over before taking possession of her dower and then decides to refuse. Every situation in which we said she has the right to refuse to hand over herself, she has the right to travel without the husband's permission, because the husband has not established a right of confinement (habs) over her, so she becomes like someone who has no husband. If even a dirham remains of it, it is as if the whole of it remains, because whoever has the right to confinement due to the entire compensation has the right to confinement due to part of it, like all other debts.
Section: If the husband is insolvent regarding the immediate dower before consummation, she has the right to annulment, because obtaining the compensation of the contract became impossible before the delivery of the compensated object, so she has the right to annulment, just as if the buyer were insolvent regarding the price before the delivery of the sold object. [Ibn Hamid permitted the view that she has no right to annulment]. If he becomes insolvent after consummation, there are two views, based on (the issue of) her refusing herself: if we say she has the right to refuse herself after consummation, she has the right to annulment just as before consummation; and if we say she does not have the right to refuse herself, she does not have the right to annulment, just as if he were bankrupt regarding another debt of hers. Annulment is not permitted except by the ruling of a judge, because it is a matter of ijtihad.
1214 - Issue; He said: (And if he marries her upon two dowers, a secret one and a public one, the public one is taken, even if the marriage was contracted with the secret one.)
The outward meaning of the words of al-Khiraqi is that if a man marries a woman in secret with one dower, then contracts her in public with another dower, he is held to the public one. This is the outward meaning of the statement of Ahmad, in the narration of al-Athram. And it is...
(16) In A, there is an addition: "like the first". (17) Omitted from A, B, and M. (18) In A and M: "li-akhar" (for another).