What is the ruling regarding the husband's right to reclaim half the specified dower (*mahr*) if the wife returns the dower asset (which was initially given to her) to him via a gift after the marriage contract but before consummation, followed by a divorce?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
There are two narrations from Ahmad regarding this matter. The first narration states the husband is entitled to reclaim half the value of the asset. This is chosen by Abu Bakr and is one position of Al-Shafi'i. The evidence presented is that since the asset returned to the husband via a new contract (gift), it does not prevent him from the right to reclaim half the dower upon divorce, similar to if it returned to him through a sale, or if the wife gifted it to a third party who then gifted it to the husband. The second narration states that the husband does not reclaim anything. This is the position of Malik, Al-Muzani, one position of Al-Shafi'i, and the position of Abu Hanifa, unless the asset increased or decreased in value, and then she gifted it to him. The justification is that the half of the dower was expedited to him via the gift, and the contract of a gift does not necessitate guarantee. Furthermore, if she had not gifted it, he would not have reclaimed anything.
Supporting text
Abu Hanifa stipulated that if the asset increased or decreased, the ruling changes. Furthermore, if the wife commits an act leading to the dissolution of marriage, such as embracing Islam or apostasy, or if she breastfeeds someone who invalidates the marriage through suckling, there are two narrations regarding reclaiming the entire dower, similar to reclaiming half the dower.