Who owns the fruit of date palms given as part of a dowry (Mahr) if the palms are mature and bear fruit while in the husband's possession?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

The fruit belongs to the wife because it is considered an increase (*nama'*) of her established property. If the husband picks the fruit, stores it in containers (*dhuroof*), and applies *saqr* (a process involving raw date syrup applied to preserve moisture, typical in Hijaz), the ruling depends on the resulting value.

Supporting text

If the value of the fruit and the *saqr* remains the same or increases, the husband must return them to her without any liability. If the value decreases, the ruling differs based on the extent of the decrease.