their dealings in unlawful things; thus, it would act as a repulsion for them from Islam, so it is pardoned, just as what they left of the religious duties and obligations is pardoned. Furthermore, they received it under the ruling of polytheism, so the liability of the one who owed it is discharged, just as if they had conducted an invalid sale and taken possession. If they had not taken possession, and the specified [dower] was lawful, what they specified is binding because it is a specification that is valid in a valid marriage, so it is obligatory, like the specification of a Muslim. But if it was unlawful, such as wine and swine, it is void, and no judgment is passed based on it, because what they specified cannot be made mandatory by legal ruling, nor can it be a dowry for a Muslim woman, nor in a Muslim's marriage. The dower of her like becomes due if this is after consummation, or half of it if the separation occurs before consummation. This is the meaning of his saying: "Where that is required." This is the opinion of al-Shafi'i and Abu Yusuf. Abu Hanifa said: If he gave her specific wine or a specific pig, she has nothing but that. But if they were not specific, she is entitled to the value in the case of wine, and the dower of her like in the case of a pig, by way of istihsan (juristic preference). To us, wine has no value in Islam, so what is due is the dower of her like, just as if he had given her a pig as a dowry, and because it is forbidden, so it resembles what we mentioned.

Section: If she receives part of the unlawful [dower] and not the other part, the dower is reduced by the amount received, and she is entitled to the portion of the dower of her like corresponding to what remains. If the dower consists of ten equal wine skins, and she receives five of them, half of the dower is dropped, and she is entitled to half of the dower of her like. If they are of different value, it is calculated by measure in one of the two views; because if it is necessary to appraise it, it is measured by volume for what has a peer that can be measured. The second view is that it is divided by their number because it has no value, so the small and the large are equal. If he gives her ten pigs, there are two views regarding it: one is that it is divided by their number, for the reason we mentioned, and the second is that their value is appraised as if they were things allowed to be sold, just as the wounds of a free person are appraised as if he were a slave. If he gives her a dog, two pigs, and three wine skins, there are three views regarding it: one is that it is divided according to their value in their estimation. The second is that it is divided by the number of categories, so each category is assigned one-third of the dower. The third is that it is divided by the total number, so each individual item gets one-sixth of the dower; the dog gets one-sixth, and each of the two pigs and the three wine skins gets one-sixth. The school of al-Shafi'i has a position similar to this.