What recourse does a wife have if the specifically designated dower object possesses a major defect?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If the specific dower object possesses a defect, the wife has the right to return it, similar to a defective item in a sale contract. This is undisputed when the defect is significant. Upon returning the object, she is entitled to its value because the return does not dissolve the underlying right to the dower; hence, the value must be paid, just as if the husband had usurped and destroyed it.
Supporting text
Regarding a minor defect, Abu Hanifa holds that it is not grounds for return. If the dower is fungible (mithli), such as a measured or weighed item, she must receive its like if she returns it. Alternatively, she may retain the defective item and take compensation for the reduction in value (arsh), according to the mainstream opinion of the Madhhab.