Is the ruling on a wife revoking a gift to her husband affected by the circumstances of the giving?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
According to one narration from Ahmad, if the wife gifted her dower (*mahr*) because the husband requested it or out of fear of his anger or potential remarriage, the husband must return it to her regardless of her subsequent satisfaction, as the gift was not truly from a willing heart. If she gave it freely without him requesting it, the gift is permissible. This aligns with the general principle derived from the verse: "But if they give up willingly to you anything of it, then consume it with sound digestion and pleasure," as the observable situation indicates lack of free will if there is a contextual sign suggesting fear or request.
Supporting text
The apparent meaning of the text of Al-Kharqi follows the first narration, which is preferred by Abu Bakr, based on the verse: "Except when they themselves forgo (in kindness) or he in whose hand is the knot of marriage," and the general implication of the hadiths previously mentioned.