Under what conditions does a husband discharge his obligation concerning the dower (sadaq)?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The husband is only discharged from the obligation of the dower upon its delivery to someone authorized to receive the wife's property. If the wife is mature and rational (rashida), discharge occurs only upon delivery to her or to her agent. Delivery to her father or any other person does not suffice, regardless of whether she is a virgin or has been married before. Ahmad ibn Hanbal supported this view regarding a father who takes his daughter's dower and denies it; the wife may then claim the dower from her husband, and the husband may reclaim it from the father. This aligns with the position of Al-Shafi'i. The basis for this ruling is that if the wife is rational, no one else can take possession of her dower, analogous to property she owns, such as the price of her sold goods or rent for her house, without her permission.
Supporting text
Abu Hanifa held that the father may take possession of the dower of a virgin daughter, but not a previously married one (thayyib), based on prevailing custom and the fact that a virgin is bashful, so the father acts in her place, as he acted in her place during the marriage contract. Conversely, the ruling that delivery to the father does not discharge the husband, when the wife is rational, is supported by the reasoning that the dower is compensation for property she owned while being rational; therefore, no one else can take it without her permission.