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English translation
3356. It was narrated that ‘Alqamah and Al-Aswad said: “A man was brought to ‘Abdullāh who had married a woman without naming a dowry for her, then he died before consummating the marriage with her. ‘Abdullāh said: ‘Ask whether they can find any
report about that.' They said: 'O Abû 'Abdur-Rahmân, we cannot find any report about that.' He said: 'I will say what I think, and if it is correct then it is from Allâh. She should have a dowry like that of her peers and no less, with no injustice, and she may inherit from him, and she has to observe the 'Iddah.' A man from Ashja' stood up and said: 'The Messenger of Allâh ﷺ passed a similar judgment among us concerning a woman called Birwa' bint Wâshiq. She married a man who died before consummating the marriage with her, and the Messenger of Allâh ﷺ ruled that she should be given a dowry like that of her peers, and she could inherit, and she had to observe the 'Iddah.' Abdullah raised his hands and said the Takbîr.' (Šahîh)
Abû 'Abdur-Rahmân (An-Nasâ'î) said: I do not know anyone who said "Al-Aswâd" in this Ĥadîth, other than Zâ'idah.
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Commentary
A marriage could be concluded without fixing the dower. But the dower should be determined, agreed, and paid even after conducting the marriage. If the dower is negated, the marriage would be invalid.