What is the ruling if vinegar (khal) specified as dower turns out to be wine (khamr) or usurped?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the husband stipulated a jar of vinegar as dower, and it turns out to be wine or usurped, the wife is entitled to an equivalent measure of vinegar because vinegar is considered one of the fungible items (dhawat al-amthal). This is the position of Abu Hanifa and some scholars of Al-Shafi'i. The obligation is to provide the equivalent of what was named, as she agreed to it based on that designation.

Supporting text

The view of Al-Qadi is that she is entitled to the monetary value of the item because wine is not considered wealth (mal) nor is it one of the fungible items. However, this view is rejected because if the value of the wine were required, it would have no value, and if the value of the vinegar were required, the naming (designation) would be considered in establishing its value, making the requirement of its equivalent even more appropriate.