(68) باب إِبَاحَةِ التَّزَوُّجِ بِغَيْرِ صَدَاقٍ .
It was narrated that 'Alqamah and Al-Aswad said:
"A man was brought to 'Abdullah who had married a woman without naming a dowry for her, then he died before consummating the marriage with her. 'Abdullah said: 'Ask whether they can find any report about that.' They said: 'O Abu 'Abdur-Rahman, we cannot find any report about that.' He said: 'I will say what I think, and if it is correct then it is from Allah. 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 Allah passed a similar judgment among us concerning a woman called Birwa' bint Washiq. She married a man who died before consummating the marriage with her, and the Messenger of Allah 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 Takbir."
Reference: Sunan an-Nasa'i 3354
In-book reference: Book 26, Hadith 159
English translation: Vol. 4, Book 26, Hadith 3356