may recover it, because it follows [the object] in cases of rescission, thus resembling the increase in market value. Our argument is that it is an increase that occurred while in her possession, so it is not halved (20) by divorce, just like separable [increase]. As for the increase in market value, it is not her property (21), and it differs from the growth of a sold item; because the cause of the rescission is a defect, which precedes the increase, whereas the cause of halving the dowry is divorce, which happens after it. Furthermore, the husband’s right is established in half of the stipulated [amount], not in the specific entity itself; this is why if he finds it decreased, he is entitled to recover half of its equivalent or its value, unlike a defective sold item. The stipulated amount was not fat, so he is not entitled to take it [as such], whereas in the sold item, his right is attached to the entity itself, so it follows him along with its price (22). As for if the dowry decreases in one aspect and increases in another, such as if it learns one craft and forgets another, or becomes emaciated while also learning, an option is established for each of them, and he may refuse the entity and return to its value. If they both agree on [taking] half of the entity, it is permissible. If the woman refuses to offer half of it, she has the right to do so because of the increase; if he refuses to recover [only] half of it, he has the right to do so because of the decrease. If one of them refuses, he recovers half of its value.

Section: If the entity is destroyed and it is among those things which have equivalents, he recovers half of its equivalent; otherwise, he recovers half of its value at the lowest point it reached from the time of the contract until the time of possession, or until the time of empowerment over it, based on the difference of opinion we have mentioned; because if the entity increases, the increase is hers exclusively, and if it decreases before that, the decrease is his liability. If he divorces her before taking possession of the dowry and before consummation, and it has increased (23) with a separable increase, it belongs to her, she is entitled to it alone, and he takes half of the original. If the increase is inseparable, she has the option between taking half while he keeps half, or taking the whole and paying him the value of the half without the increase. If it is decreased, she has the option between taking it in its decreased state or being demanded by him for half of its value without the decrease.