What is the ruling if the dower object decreases in value after the contract but before payment or consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If the decrease is distinct, such as the loss of one of two slaves, the husband is entitled to half of the remaining item and half the value of the lost item, or half the equivalent of the lost item if it is fungible. If the decrease is indistinct, such as a slave aging, losing a skill, or becoming sickly, the choice rests with the husband. He may either claim half the value of the object at the time of the contract, as the depreciation is his responsibility and he is not obligated to accept a lesser portion than his right, or he may accept half of the object in its diminished state, binding the wife to that. Abu Hanifa and Al-Shafi'i agree with these primary rulings.
Supporting text
Al-Qadi permits the husband to demand compensation for the depreciation along with half the value, analogous to a buyer retaining a defective sold item and claiming damages. This contrasts with the view of Al-Kharqi and the majority of jurists, who hold that the husband may not claim both the diminished half and damages in this scenario.