unless he wishes to give her half the value of the building and the dye, in which case he is entitled to half, or she wishes to give him an increase, then he is entitled to no more than that.

He is only entitled to half the value because an increase has occurred in the land and the garment for the woman, which is the building and the dye. If she pays him half of the whole including the increase, he must accept it, because it is his right plus an increase. If he offers her half the value of the building and the dye, and he takes the half, Al-Khiraqi said: "He has the right to that." Al-Qadi said: "This is interpreted as them both consenting to that, not that she is compelled to accept it, because selling the building is an exchange, and the woman cannot be compelled to it." The correct [view] is that she is compelled, because the land has accrued to him, and it contains a building belonging to someone else. Thus, when he offers the value, the other party is obligated to accept it, like the pre-emptor (shafi') if he takes the land after the purchaser has built upon it, and the pre-emptor offers its value, the purchaser is obligated to accept it. Likewise, if the lender (mu'ir) reclaims his land while it contains a building or planting belonging to the borrower, and the lender offers the value of that, the borrower is obligated to accept it.

Section: If he gave her a date palm that was not yet bearing fruit as a dowry, and it produced fruit while in his possession, the fruit belongs to her, because it is the growth of her property. If he harvested it after it reached maturity, placed it in containers, and applied syrup (saqr) over it—which is the flowing of the ripe dates without cooking, a practice of the people of the Hijaz to preserve its moisture—this situation is not devoid of three states: First, that the value of the fruit and the syrup does not decrease, but rather they remain as they were, or increase. In this case, he returns them both to her, and he owes nothing. Second, that their value decreases, and this is of two types: One is that their decrease has reached its limit; in this case, he delivers them to her along with the compensation (arsh) for their decrease.