If the woman thus relinquishes her claim to it...

If the woman thus relinquishes her claim to it, this does not mean that her husband is no longer her husband in the full sense. Therefore, giving back the time period has no relationship with the dower being reduced to one-half. The only question to consider is whether or not the marriage has been consummated.

If it has been consummated and then the husband returns some or all of the remaining time, the wife is entitled to the whole dower, since without question the dower becomes necessary as soon as consummation takes place. [^55] Whether the time period is given back with or without consummation, the wife's consent is unnecessary, since giving back the period is equivalent to the erasing of a debt owed by the woman.

[^56] If of her own free will a woman who has concluded a contract of mut'a should separate from her husband before the end of the time period, whether before or after consummation, the man reduces the dower in proportion to the amount of time by which the time period of the mut'a has been reduced-provided, that is, that he has not already paid her the full dower.

[^57] Thus, for example, if the woman's dower is 3000 rials and the time period 30 days; and if the woman should separate from her husband after 20 days, her husband would reduce the dower by one-third. Hence, if the woman should fail to fulfill any of the conditions of the marriage for the whole time period, she forfeits the whole dower.

The reason she forfeits part or all of it is that first, the contract of mut'a by definition entails an exchange, such that the woman is in the position of a 'rented' object, Second, numerous hadith have been recorded concerning this particular point, For example, the Imam Ja'far was asked if it is permissible to hold back part of the dower if the woman fails to put herself at her husband's disposal.

He replied: 'It is permissible for you to hold back what you can [i.e., what you have not already given her]. So if she goes back on her word, take from her [in proportion to] the amount she has broken the contract.' [^58] However, if the woman should fail to provide the man with conjugal rights because of an excuse sanctioned by the sharia, such as menstruation or 'fear of an oppressor', then the dower may not be reduced.