Bayhaqi 14443 — Conditions in marriage

Ata' al-Khurasani (may Allah have mercy on him) said that a man married a woman, the woman paid the dowry and stipulated that intercourse and separation would be in her hands. The man was told: You have gone against the Sunnah and handed the right to someone not entitled to it. Sayyiduna Ibn Abbas (may Allah be pleased with them both) ruled that the dowry is upon the man and that intercourse and separation are in the man's hands.
(b) Ata' al-Khurasani (may Allah have mercy on him) said: Sayyiduna Ali (may Allah be pleased with him) and Sayyiduna Ibn Abbas (may Allah be pleased with them both) were asked about a man who married a woman, and the woman stipulated to the man that intercourse and separation would depend on her will and that she would pay the dowry. They said: He has gone against the Sunnah and handed the matter to someone not entitled to it. The dowry is binding on the man, and intercourse and separation are also in the man's hands.