What is the ruling on the dower if it is destroyed before the wife takes possession while still being the husband's liability?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If the dower, which is the husband's liability before possession, is destroyed, the dower itself is not voided. The husband is liable to provide its equivalent if it is fungible (mithli). This is the position of Abu Hanifa and Al-Shafi'i in his earlier opinion (al-Qadim). The reasoning is that any object that must be delivered while it exists, if it is destroyed while the basis for entitlement remains, requires its substitute, similar to a wrongfully seized item (maghsub), a loan, or a borrowed item. This differs from a sold item that is destroyed, as the sale is then nullified, and the basis for entitlement ceases.
Supporting text
Al-Shafi'i in his later opinion (al-Jadid) holds that the wife reverts to the customary dowry (mahr al-mithl) because the destruction of the consideration (the dower paid or promised) necessitates a return regarding the considered item (the marriage). Since returning the consideration is impossible, it reverts to its value, which is the customary dowry, similar to a sold item. The customary dowry represents the value.