Whose liability (dhaman) is the dower considered to be before the wife takes possession?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the wife has the right to dispose of the dower, then the liability for its loss or damage rests with her. If she does not have the right to dispose of it, the liability rests with the husband. However, if the husband prevents her from taking possession or makes it impossible, the liability remains with the husband in all circumstances because his possession is considered wrongful (yad 'adiyah), making him liable like a usurper (ghasib). A report from Ahmad regarding a scenario where an eye of a slave given as dower was gouged out suggests that if she had taken possession, it belongs to her; if not, it remains the husband's responsibility. The apparent meaning of this is that the dower is the husband's liability before possession in all cases, which is the position of Al-Shafi'i.