What is the ruling if the stipulated dower is a specific item that the husband cannot procure or demands more than its value?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If the husband is unable to procure the specific item stipulated as dower at its market value, or if he demands more than its established value, the wife is entitled to the monetary value of that item. This principle is established in one narration from Ahmad. If the item is deliverable at its market price, the husband is obligated to acquire and deliver it; accepting its monetary value instead is not obligatory upon the wife. If the item perishes or becomes inaccessible, or if the husband demands an amount exceeding its value, the wife receives its monetary value because obtaining the specified, valued item has become impossible, similar to its destruction.
Supporting text
Al-Shafi'i holds that the naming of such an item is invalid because the husband stipulated the property of a third party as consideration, which is void, similar to a sale. This is countered by asserting that the contract is valid as it stipulates the procurement and transfer of ownership of a specific slave, akin to stipulating the return of an escaped slave from a known location. It is argued that the consideration is the attainment and transfer of ownership, not necessarily the property of a third party itself.