If a Muwaffadah releases her dower and is subsequently divorced before consummation, does the dower return?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If the Muwaffadah releases her dower and is then divorced before consummation, there are differing considerations. If the ruling is that the dower does not revert to the stipulated amount (if one had been named, which is not the case here), then there is no reversion here either. If the ruling is that it reverts, there is a probability that it does not revert in this instance because the entire dower obligation is nullified by the divorce, and instead, the Mut'ah (consolatory gift) becomes obligatory from the outset.
Supporting text
Alternatively, it is held that the dower does revert because her right to a dower returns due to a cause other than the initial contract (i.e., the divorce necessitates a dower obligation via Mut'ah). In this case, it is debated whether the reversion is for half of the customary dower (Mahr al-Mithl), as this was the obligation established by the contract, making it analogous to half of a pre-determined dower, or half of the Mut'ah, because the Mut'ah is what becomes due upon divorce, thus resembling the stipulated dower.