What is the ruling regarding the dower (mahr) given as fruit-bearing date palms if the wife is divorced before consummation after the spathes (طلع) have appeared?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the dower given was fruit-bearing date palms, and the spathes appeared, and then the husband divorced her before consummation, he is entitled to half the value of the palms as they were at the time the dower was given. He cannot revoke half of it, because the spathe constitutes an attached increase, similar to a slave girl gaining weight. This applies whether the spathe will result in fruit or not, as it is connected to the principal. If the wife offers to allow him to revoke the dower along with its spathes, he is compelled to accept this arrangement because it is an attached increase whose separation is not obligatory.

Supporting text

The ruling is the same for all other types of trees, where the appearance of the bloom (نور) on trees is equivalent to the unpollinated spathe (طلع).