Section: If he gives her a barren palm tree as a dowry and it produces a spathe (tal'), then he divorces her before consummation, he is entitled to half of its value at the time he gave it to her as a dowry, and he does not have the right to recover half of its essence, because it has undergone an inseparable increase, thus resembling a slave-girl when she becomes fat. It makes no difference whether the spathe has been pollinated or not, because it is connected to the essence, and it is not mandatory to separate it from it in this situation, so it resembles fat or learning a craft. If the woman offers him the recovery of the essence with its spathe, she is compelled to do so, because it is an inseparable increase that does not require separation. If he says, "Cut off your fruit so that I may recover half of the essence," it is not binding upon her, because the custom for this fruit is that it is not taken except by harvesting, as evidenced by sale, and because the husband’s right has transferred to the value, so it does not return to the essence except with their mutual consent. If the woman says, "Delay the recovery until I harvest my fruit and you recover half of the essence," or "Recover the essence and wait for me until I cut the fruit," or if the husband says, "I will wait until you harvest your fruit and then I will recover the half of the essence," or says, "I will recover the half of the essence and wait for you to harvest your fruit," it is not binding on either of them to accept the other’s proposal, because the right has transferred to the value, so it does not return to the essence except with their mutual consent. It is possible that it is binding upon her to accept what is offered to her, because the harm is against him, so it resembles the case where she offers him half of it with its spathe, or as if he found the essence decreased and accepted it. If they agree on any of that, it is permissible. The ruling for all other trees is the same as the ruling for the palm tree. The emergence of blossoms in trees is in the status of a spathe that has not been pollinated. If it was land and she plowed it, that is a pure increase; if she offers it to him with its increase, he is compelled to accept it, like all inseparable increases. If she does not offer it, she pays half of its value. If she plants it, its ruling is the ruling of
(24) Al-ha'il: the non-pregnant. (25) In [A] (additional text): "day". (26) In [B] and [M]: "nor". (27) In [M]: "with her consent". (28) In the original: "I take". (29) In the original: "with their mutual consent". (30) In [A] and [M]: "she plowed it".