What is the ruling regarding the dowry when a marriage is invalidated by fosterage (Rada'a) before consummation?
General Chapter
Al-Mughni
Book of Fosterage (Breastfeeding)
Primary text
If the marriage is nullified by fosterage before consummation, the husband must recover half of the stipulated dower (mahr) from the wife. This aligns with the general principle that she only established half of the dower for herself by the act of marriage.
Supporting text
If the invalidation occurs after consummation, the ruling is debated. Some scholars, including Ahmad and Shafi'i, hold that the husband is entitled to recover the entire dower paid. However, the soundest position is that the husband recovers nothing from the woman who caused the invalidation after consummation, as she established no binding right to the full dower upon the husband, similar to when she invalidates her own marriage; and since the benefit of intercourse is not quantifiable, no equivalent compensation is due.