What is the ruling regarding the reduction or increase in the value of the mother-slave (*ammah*) when divorce occurs before consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
When the mother-slave, who served as the dower, increases in value (e.g., through offspring) or decreases in value before consummation, the husband retains the right to half of the original dower upon divorce. If the mother-slave has offspring, the children are considered a separate increase belonging solely to the wife, as they are an accretion to her property. If the mother-slave has decreased in value due to birth or other reasons, the husband has the choice between accepting half of the diminished mother-slave or accepting half of her value at the time the dower was set, because the liability for the deficiency rests upon her. This view is held by Al-Shafi'i.
Supporting text
Abu Hanifa argues that the husband does not reclaim half of the original body (the mother-slave) upon divorce before entry, but only half of the value, because the contract, which mandates return upon divorce, cannot be partially annulled concerning the principal while the accretion (offspring) is considered part of the surrender mandated by the contract.