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)
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.