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Text and translation
English translation
3554. It was narrated from Ibn Mas'ûd, that he was asked about a man who married a woman, but did not name a Mahr or consummate the marriage before he died. Ibn Mas'ûd said: "She should have a Mahr like that of women like her, no less and no more; she has to observe the Iddah, and she is entitled to inherit." Ma'qil bin Sinân Al-Ashja'î stood up and said: "The Messenger of Allâh ﷺ passed a similar judgment among us concerning Birwa' bint Wâshiq." And Ibn Mas'ûd rejoiced at that. (Sahîh)
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Commentary
Despite not having had copulation, she would be considered a wife, because the marriage has been contracted. Non-fixation of the dower is not the negation of the marriage contract, although the dower should not be put off absolutely. (See Hadîth 3556).
