What is the ruling when the wife disposes of the dowry through a binding contract that is not intended to remove ownership?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
A binding disposition not intended to remove ownership, such as leasing (Ijarah) or marriage (Tazwij), constitutes a diminution of value. Therefore, the husband has the choice between reclaiming half of the asset in its diminished state, because he consented to his right being diminished, or taking half of its value. If he chooses to reclaim half of the leased portion, he must wait until the lease expires. This situation is distinguished from the ruling regarding fruit developing on date palms where the husband cannot wait for the fruit to ripen, because in the case of the fruit, the benefit is exclusively his, and the wife is not obligated to accept his favor; furthermore, waiting would lead to disputes over watering, harvesting, and cutting due to fears like thirst, which is not the case here.