And for this to be more effective in cutting off dispute. It is also possible to interpret the statement of Ibn Abbas and those who agreed with him as referring to recommendation, so that there is no difference between the two positions. And Allah knows best.

[Issue 1209]: He said: "If one of them dies before consummation and before the dower is assigned, the other inherits from him, and she is entitled to the dower of her peers."

As for the inheritance, there is no disagreement regarding it; for Allah the Exalted has ordained a fixed share for each of the two spouses, and the marriage contract here is valid and established, so inheritance is established through it by virtue of its inclusion in the generality of the text. As for the dower, she is entitled to the full dower of her peers, according to the correct position in the School. This was the view of Ibn Mas'ud, Ibn Shubruma, Ibn Abi Layla, al-Thawri, and Ishaq. It has been narrated from Ali, Ibn Abbas, Ibn Umar, al-Zuhri, Rabi'ah, Malik, and al-Awza'i that she is not entitled to a dower, because this is a separation that occurred based on a valid delegation before any assignment or consummation, so no dower is necessitated by it, similar to the separation caused by divorce. Abu Hanifah stated the same as our position regarding a Muslim woman, and the same as their position regarding a dhimmi woman. From Ahmad, there is another narration that it is not full, but rather halved. For al-Shafi'i, there are two opinions, similar to the two narrations. Our evidence is what has been narrated: that Abdullah ibn Mas'ud, may Allah be pleased with him, issued a ruling regarding a woman whose husband did not assign a dower for her and did not consummate the marriage with her until he died, saying: "She is entitled to the dower of her peers, without deficiency or excess, she must observe the waiting period ('iddah), and she has the right of inheritance." Ma'qil ibn Sinan al-Ashja'i stood up and said: "The Messenger of Allah (peace and blessings of Allah be upon him) ruled in the case of Barwa' bint Washiq just as you have ruled." Al-Tirmidhi said: "This is a Sahih (authentic) hadith." It is a definitive textual evidence concerning the point of dispute. Furthermore, death is a circumstance through which the specified amount is completed, so the dower of peers is completed through it for the one whose dower was delegated, just as it is through consummation. Analogizing death to divorce is not correct, for the marriage is completed by death, so the dower is completed by it, whereas divorce severs it and terminates it before its completion. It is for this reason that the 'iddah (waiting period) is necessitated by death before consummation, while it is not necessitated by divorce, and the specified amount is completed by death while it is not completed by divorce. As for the dhimmi woman, she is separated by death, so the dower is completed for her just as it is for the Muslim woman, or as if he had specified it for her, and because the Muslim woman and the dhimmi woman do not differ regarding the dower in any other instance, so they should not differ here.