What is the ruling if the dower was land and the wife tilled it before divorce before consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If the dower was land and the wife tilled it, this is considered a pure increase. If she offers to return it to him along with this increase, he is obliged to accept it, similar to all attached increases. If she does not offer it with the increase, he takes half its value.
Supporting text
If the wife cultivated a crop on the land, the ruling differs from the date palm spathe. If she offers half the land along with half the crop, he is not obliged to accept it, unlike the spathe attached to the palm. The difference is twofold: First, the fruit does not diminish the tree, whereas the crop diminishes and weakens the land. Second, the fruit is generated from the palm and is subordinate to it, whereas the crop is her property that she placed in the land, so he is not compelled to accept it. However, the Qadi stated he must accept it, identical to the spathe. The established distinction relies on the reasons stated.