What is the ruling regarding the dowry (*Sadaq*) if the husband grants a slave as part of the dowry, the wife then gifts half of the slave, and the husband divorces her before consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The ruling depends on two established narrations. If the ruling dictates that the husband receives nothing back when the wife gifts the entire slave, then in this scenario, he reverts ownership of one quarter (his remaining half of the dowry). Alternatively, if the ruling dictates that he reverts ownership of the entire remaining half, it is because he finds the thing itself (*'ayn*). This position is held by Abu Yusuf, Muhammad, and Al-Muzani. The primary evidence is that he found half of what he gifted as the dowry in its original form, which is analogous to the situation where she did not gift anything at all.
Supporting text
Abu Hanifa holds that he does not revert anything because the half came into her possession, meaning she has expedited her right. Imam Al-Shafi'i has three opinions: the second is that he receives half of the remaining half, and half the value of the gifted portion. The third opinion is that he chooses between this option and reverting the value of the half.