Al-Mughnī von Ibn Qudāma – Edition al-Turkī — 1203 - Rechtsfrage: Er sagte: (Wenn er ihr einen jungen Sklaven als Brautgabe gibt und dieser heranwächst, und er sich dann vor dem Vollzug von ihr scheiden lässt, kann sie ihm, wenn sie möchte, die Hälfte seines Wertes am Tag des Vertragsabschlusses geben, oder sie gibt ihm die Hälfte des Sklaven im jetzigen Zustand, es sei denn, er war als Jugendlicher für etwas geeignet, wofür er als Erwachsener nicht geeignet ist; dann steht ihm die Hälfte seines Wertes am Tag des Vertragsabschlusses zu, es sei denn, er möchte das annehmen, was sie ihm von der Hälfte des Sklaven angeboten hat.)

what the father took is for himself; because we assumed that the entirety became hers (13), then the father took it from her, so it becomes as if she had received it and then he took it from her. Likewise, if (14) he gave her a thousand as dower for her and a thousand for her father, then she apostatized before consummation, does he recover the thousand that the father received, or from her? There are two opinions.

1203 - Issue; He said: (And if he gave her a young slave as dower, then he grew up, then he divorced her before consummation, if she wishes, she may give him half of his value on the day the contract was concluded, or she gives him half of him as he has grown, unless [the slave] (1) was suitable as a young one for something he is not suitable for as an adult, then he is entitled to half of his value on the day the contract was concluded, unless he wishes to take what she offered him (2) of his half.)

There are legal rulings in this issue; among them is that the woman gains ownership of the dower upon the contract. This (3) is the opinion of the general body of scholars, except that it was narrated from Malik that she does not own except half of it. It is also narrated from Ahmad what indicates that. Ibn Abd al-Barr said: This is a matter in which the predecessors and the traditions differed, but as for the jurists today, they are of the opinion that she does own it. The saying of the Prophet (peace be upon him): "If you give her your loincloth, you will sit and have no loincloth" (4). This is evidence that the entire dower belongs to the woman, and nothing remains of it for the man; and because it is a contract through which she gains ownership of the consideration by the contract, so the consideration is owned in its entirety, just like a sale. The lapse of half of it due to divorce does not prevent the obligation of the whole of it by the contract; do you not see that if she apostatized, all of it would lapse, even if she had owned half of it. Once this is established, its growth and increase belong to her, whether she has received it or not, whether it is connected or disconnected. And if it were zakatable property, and a year had passed (5) over it, its zakat is upon her. Ahmad stated this textually.

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