What are the consequences if the dower, while in the husband's possession before the wife takes possession, is destroyed?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the dower in the husband's possession is destroyed before the wife takes possession, there are four scenarios. First, if it is destroyed by the wife's action, this counts as her taking possession, and the husband's liability for it ceases. Second, if it is destroyed by the husband's action, it remains his liability in all cases, and he is liable for its replacement as detailed previously. Third, if a third party destroys it, the wife has the choice either to claim compensation from the third party or claim it from the husband, and the husband may then seek restitution from the destroyer. Fourth, if it is destroyed by an act of God (force majeure), the ruling follows the initial detailed stipulations regarding possession liability.