What is the legal effect of using the term of forgiveness ('afw) when relinquishing a specific, possessed item (*ayn*) that constitutes part of the *mahr*?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If the specific item of the *mahr* is in the possession of one party, and that party forgives it in favor of the other, this action constitutes a gift (*hibah*). This gift is valid using the language of forgiveness (*'afw*), gift (*hibah*), or conveyance of ownership (*tamlik*). However, it is not valid using the language of absolution (*ibra'*) or dropping (*isqat*). Furthermore, this act requires actual taking possession (*qabd*) if the object being gifted is one that typically requires possession to finalize the transaction.
Supporting text
If the person forgiving the possessed item is not the one holding it, the act is valid with the aforementioned linguistic forms, but it requires the passage of a time period during which taking possession (*qabd*) is feasible, assuming the gifted item requires possession.