And there is no mut'ah (consolatory gift). This is the view of Ibn Umar, Ata', al-Sha'bi, al-Nakha'i, al-Shafi'i, and Abu Ubayd. There is another narration from Ahmad that she is entitled to the mut'ah and the dowry is dropped. This is the view of Abu Hanifah, because it is a marriage that was devoid of a specified dowry, so the mut'ah became mandatory for it, just as if he had not fixed a dowry for her. Our argument is the saying of the Exalted: "And if you divorce them before you have touched them and you have already specified for them a dowry, then [give them] half of what you specified." And because it is a dowry that is confirmed upon consummation, so it is halved upon divorce before it, just as the one named in the contract.

Section: Whoever is entitled to half of the dowry, a mut'ah does not become mandatory for her, whether she is from those for whom a dowry was named or one for whom it was not named, but rather it was fixed after the contract. Abu Hanifah held this view regarding the one for whom it was named. This is one of the two old views of al-Shafi'i. It was narrated from Ahmad: For every divorced woman there is a gift (mut'ah). This was also narrated from Ali ibn Abi Talib, al-Hasan, Sa'id ibn Jubayr, Abu Qilabah, al-Zuhri, Qatadah, al-Dahhak, and Abu Thawr; based on the apparent meaning of the saying of the Exalted: "And for the divorced women is a provision according to what is appropriate - a duty upon the righteous." And because of His saying to His Prophet, peace and blessings of Allah be upon him: "Say to your wives..." until His saying: "I will provide for you and give you a graceful release." According to this narration, for every divorced woman there is a gift, whether she is a mufawwidah (one whose person/dowry was delegated) or one who has a named dowry, and whether the marriage was consummated or not; for the reason we have mentioned. The manifest view of the Madhhab is that the mut'ah is not mandatory except for the mufawwidah who has not been consummated with if she is divorced. Abu Bakr said: Everyone who narrated from Abu Abd Allah [Ahmad], as far as I know, narrated from him that he does not rule for a mut'ah except for one for whom no dowry was named, except for Hanbal, for he narrated from Ahmad that for every divorced woman there is a gift. Abu Bakr said: The practice is upon this [latter view] in my opinion, were it not for the frequent narrations from him to the contrary. Our argument is the saying of the Exalted: "There is no blame upon you if you divorce women you have not touched nor specified for them a dowry... and provide for them." Then He said: "And if you divorce them before you have touched them and you have already specified for them a dowry, then [give them] half of what you specified." He thus specified the first with the mut'ah,