Muwatta Imam Malik (Riwayat Yahya)

It is narrated from Sayyiduna Sahl bin Sa’d Sa’idi (may Allah be pleased with him) that a woman came to the Messenger of Allah (peace and blessings be upon him) and said: “Indeed, I have gifted myself to you,” and she stood for a long time. Then a man stood up and said: “O Messenger of Allah (peace and blessings be upon him)! Marry her to me if you have no need of her.” The Prophet (peace and blessings be upon him) said: “Do you have anything to give her as a dowry?” The man replied: “I have nothing except this lower garment.” The Prophet (peace and blessings be upon him) said: “If you give her your lower garment, you will be left without a lower garment. Look for something else.” He said: “I find nothing.” The Prophet (peace and blessings be upon him) said: “Look, even if it is an iron ring.” He searched but found nothing. Then the Prophet (peace and blessings be upon him) asked: “Do you know any portion of the Qur’an by heart?” He replied: “Yes, I know such and such surahs,” and he mentioned several surahs. The Prophet (peace and blessings be upon him) said: “I have married her to you for the portion of the Qur’an that you know by heart.”

Saeed bin Musayyib said that Sayyiduna Umar bin Khattab, may Allah be pleased with him, said that if a man marries a woman and she has insanity, leprosy, or vitiligo, and the husband, not knowing this, has intercourse with her, the woman is entitled to the full dowry from the husband, and he may take it back from her guardian.

Imam Malik, may Allah have mercy on him, said: The guardian will have to return the dowry in the case when he is the woman's father or brother or such a close relative who knows the condition of the woman, and if the guardian is not a close relative, such as a paternal cousin, or a freed slave, or any other family member who does not know the condition of the woman, then it will not be obligatory for him to return the dowry; rather, the dowry will be taken back from the woman, except for the amount by which her private parts became lawful.

It is narrated from Nafi that the daughter of Abdullah bin Umar (may Allah be pleased with them), whose mother was the daughter of Zaid bin Khattab (may Allah be pleased with him), came into the marriage of the son of Abdullah bin Umar (may Allah be pleased with them). He died, but he had not consummated the marriage with her, nor had a dowry been fixed. So her mother demanded the dowry. Abdullah bin Umar (may Allah be pleased with them) said that she is not entitled to the dowry; if she were, we would neither withhold it nor commit injustice. Her mother did not accept this, and on the advice of Zaid bin Thabit (may Allah be pleased with him), she kept demanding. Zaid (may Allah be pleased with him) decided that she would not receive the dowry, but she would receive inheritance.

It reached Imam Malik (may Allah have mercy on him) that Umar bin Abdul Aziz (may Allah have mercy on him) wrote to his governor that whether the one who arranges the marriage is the father or someone else, if he stipulates a condition to take a gift or present from the husband, it will go to the woman if she demands it.

Imam Malik (may Allah have mercy on him) said: If a woman's marriage is arranged by her father and he stipulates a condition for some gift in her dowry, if that condition is the basis upon which the marriage took place, then that gift will go to his daughter if she wishes.

Imam Malik (may Allah have mercy on him) said: If the husband divorces the wife before consummation, then the husband will take back half of the gift.

Imam Malik, may Allah have mercy on him, said: If a person marries off his minor daughter and the boy has no personal wealth, then the dowry will be obligatory upon the boy’s father. And if the boy has personal wealth, then the dowry will be given from his wealth, except in the case where the father takes the dowry upon himself. And this marriage will be binding upon the girl as long as she is a minor and under her father's guardianship.

Malik, may Allah have mercy on him, said: If a man divorces his wife before consummation, and the wife is a virgin, then if her father forgives the husband half of the dower, it is valid, because Allah the Exalted has said: "If you divorce your women before you have touched them, and you have appointed for them a dower, then half of what you have appointed is due, unless they forgo it, or he forgoes in whose hand is the knot of marriage." That person is the father of his virgin daughter and the master of his slave-girl.

Imam Malik, may Allah have mercy on him, said: I have heard the same from the people of knowledge regarding this matter, and in my view, this is the ruling.

Imam Malik, may Allah have mercy on him, said: If a Jew marries a Jewish woman or a Christian marries a Christian woman, then before consummation she becomes Muslim, she will not receive the dowry.

Imam Malik, may Allah have mercy on him, said: In my view, the dowry cannot be less than a quarter dinar, and the hand will not be cut off for theft of less than a quarter dinar.