What is the ruling if the dower object specified a particular quality that turns out to be contrary to reality?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If a specific quality was stipulated for the dower, such as a skill or craftsmanship, and it turns out otherwise, the wife has the right to return it, analogous to the right of return in sales. Likewise, if the husband actively deceived her (tadlīs) regarding an attribute that would justify returning a sold item—such as artificially reddening a slave girl's face, darkening her hair, or padding stone—she has the right to return it. If a sheep was sold with the udder filled with milk (musrat), she may return it and take a Sa' of dates in compensation, following the analogy of sale.
Supporting text
If a house stipulated to be one thousand cubits turned out to be nine hundred, Ahmad granted her the choice: either to take the house or take the value corresponding to one thousand cubits, and the marriage remains valid. Ahmad permitted retaining the lesser amount because the woman consented to the deficiency, though without recourse to the 'arsh compensation, as this is not strictly a defect. Another view suggests she may claim the value of the deficit or return the house and claim its full value.