Mihanna narrated from Ahmad: This is because he stipulated half for himself, yet only half of the dower was obtained (8). This statement is not by way of obligation, for the father has the right to take what he wishes and leave what he wishes. Since he has the right to take without a condition, it is likewise when he does stipulate.

Section: If someone other than the father from among the guardians, such as the grandfather, brother, or paternal uncle, stipulates this, the condition is invalid (9). Ahmad explicitly stated this. The entire amount named is for her. Abu Hafs mentioned this, and it is the opinion of those whom we named at the beginning of the issue. Al-Shafi'i said: The dower of the like (mahr al-mithl) is obligatory. This is also what al-Qadi mentioned in "al-Mujarrad"; because when the condition is invalidated, we must add back to the dower what the wife reduced because of it, and its amount is not known (10), so the whole becomes unknown and thus invalid. If he gave her two thousand as dower, on the condition that she gives her brother one thousand, the dower is valid; because this is a condition for which the dower is neither increased nor decreased, so it does not affect the dower, unlike the previous case. Our counter-argument is that everything she stipulated (11) is a consideration in her marriage, so it is a dower for her, just as if he had assigned it to her; and once it is a dower, the uncertainty (jahala) is removed. Likewise, if the father were the one stipulating, the whole would still be a dower, and he would merely be taking from his daughter's wealth because he is permitted to do so, provided that this is not prejudicial to his daughter's wealth. If it were prejudicial to her wealth, the condition would not be valid, and the entire amount would be for her, just as if any other of her guardians had stipulated it. Al-Qadi mentioned this in "al-Mujarrad".

Section: If he stipulates the entire dower for himself, then divorces her before consummation after the dower has been delivered to him, he recovers half of what he gave the father; because that is what he assigned to her, so we recover half of it, according to the words of the Exalted: {then half of what you have assigned} (12). It is also possible that he recovers the equivalent of its half from her, and what