What is the ruling regarding the dowry when a marriage is invalidated by fosterage after consummation, if the wife caused the invalidation?

General Chapter

Al-Mughni

Book of Fosterage (Breastfeeding)

Book 45 · Issue 2 · Bab 1

Open in Qurani

Primary text

The soundest opinion is that the husband does not recover anything from the woman who caused the invalidation after consummation, because she did not establish any permanent obligation (taqarrur) upon the husband regarding the dower, unlike the pre-consummation scenario where half the dower was established.

Supporting text

The dissenting view, held by Ahmad and Shafi'i, asserts that the husband must recover the entire dower paid, analogous to the principle of recovery when the dower is established but the marriage is voided.