that is devoid of a contract, so the mahr mithl becomes obligatory thereby, just as if he knew [of the divorce], or as it would be for other than her, or as if someone else had intercourse with her.

Section: Whoever has a marriage that is invalid by consensus, such as a married woman or a woman in her waiting period (iddah), if a man marries her and has intercourse with her while knowing the situation and the prohibition of the intercourse, and she is a consenting participant who is also knowledgeable, then there is no mahr for her, because it is adultery that necessitates a legal penalty (hadd), and she is a consenting participant in it. If she was ignorant of the prohibition of that, or that she was in her waiting period, then the mahr is hers, because it is intercourse by mistake (shubha). Abu Dawud narrated with his chain of narration that a man called Basrah ibn Aktham married a woman, and she gave birth after four months, so the Prophet (peace and blessings of Allah be upon him) assigned her the dowry (sadaq). In another wording, he said: "She is entitled to the dowry for what you have made lawful of her private part, so when she gives birth, lash her." Sa'id narrated in his "Sunan" from Imran ibn Kathir that Ubayd Allah ibn al-Hurr married a girl from his people called al-Darda'. Ubayd Allah left and joined Mu'awiyah, and the father of the girl died, so her family married her to a man called Ikrimah. This news reached Ubayd Allah, so he arrived and disputed with them before Ali (may Allah be pleased with him). They narrated their story to him, so he returned the woman to him, and she was pregnant by Ikrimah. She gave birth under the witness of an upright person, and the woman said to Ali: "Am I more entitled to my wealth or Ubayd Allah?" He said: "Rather, you are more entitled to your wealth." She said: "Then bear witness that whatever mahr I had against Ikrimah ibn [....] is his." When she gave birth to what was in her womb, he returned her to Ubayd Allah ibn al-Hurr and attributed the child to his father.

Section: The dowry, when it is a liability (dhimmah), is a debt. If the one upon whom it is due dies, and he has other debts,