What is the ruling regarding the dower if an addition (increase) occurs to the object of the dower after the contract but before full payment or consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If the increase to the dower object is inseparable (non-distinct), such as the slave maturing in age or acquiring a skill, the wife has the option. She may pay half the value of the original object at the time of the contract, as she is not obliged to give away the increase, nor can she deliver the principal object without it. Alternatively, she may deliver half of the principal object plus an excess amount, which the husband must accept because the excess is harmless and indistinct. If the wife is legally restricted (mahjur 'alayha), she can only return half the value of the original object, as the increase belongs to her, and neither she nor her guardian can gift something she does not owe.
Supporting text
If the increase is distinct, such as offspring, earnings, or fruit, the increase belongs entirely to the wife, and the husband returns half the value of the original object. Muhammad ibn al-Hasan holds that indistinct increases follow the principal object, allowing the husband to claim a share because such increases follow in cases of annulment, similar to market appreciation. This is countered by the principle that since the increase occurred during her possession, it is not subject to the halving rule applicable to divorce, unlike market appreciation which is not her property.