What are the financial implications (dower/mahr) when a husband dissolves marriage based on his confession of fosterage?
General Chapter
Al-Mughni
Book of Fosterage (Breastfeeding)
Primary text
If the husband confesses fosterage before consummation, and the wife affirms his statement, she receives no dower because both parties agree the marriage was void from inception, resembling a case proven by witnesses. If the wife denies the fosterage, the ruling is in her favor, and the husband must pay her half the dower. This is because his confession, while accepted to dissolve the marriage (an obligation upon him), cannot be used unilaterally to negate her vested right to the dower.
Supporting text
If the confession occurs after consummation, and the wife affirms it, she forfeits the dower. If she denies it, she retains the full dower because his statement is ineffective against her rights, although it is effective regarding the dissolution of the marriage itself.