What is the ruling when a wife receives part of an unlawful dower specified as wine?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 4 · Bab 3

Open in Qurani

Primary text

If a wife receives a portion of an unlawful dower specified as wine, the corresponding portion of the specified dower is voided, and the wife is owed the customary dower proportional to the remaining, unreceived part. If the dower was ten equal jars of wine and she received five, half of the specified dower is voided, and she is owed half of the customary dower. If the jars were unequal, one opinion requires assessment by measure, as it is the standard for weighing items that can be measured. The second opinion dictates division based on the count of jars, as they have no inherent value, rendering their size irrelevant.