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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 10 · Page 109Section

Translation · EN

its value, as if he had usurped it from her and destroyed it. If the dowry is of a fungible nature, like measured or weighed items, and she rejects it, she is entitled to its equivalent, because it is closer to it. If she chooses to keep the defective item and take its compensation (arsh), she may do so, by analogy to gold. If a defect occurs to it while in her possession, then she finds an original defect, she is given the choice between taking its compensation or returning it along with the compensation for the defect that occurred while in her possession; because it is compensation in a contract of exchange, so this is established therein, just like in a sale and all other branches of returning for defects, thus the same rules are established here as in a sale, for the reasons we have mentioned.

Section: If she stipulated in the dowry a intended quality, such as literacy or craftsmanship, and it turned out otherwise, she has the right to reject it, just as she would reject a sold item on its account. The same applies if he deceived her in a manner that would lead to the rejection of a sold item, such as applying rouge to the face of a slave girl, blackening or curling her hair, putting water on a stone, and similar things; she has the right to reject it on these grounds. If she finds the sheep to be 'musarrahah' (one whose milk has been held back to deceive the buyer), she has the right to return it and return a sa' of dates, by analogy to sale. It has been narrated by Muhanna from Ahmad regarding a man who married a woman for a thousand cubits [of land], and it turned out to be nine hundred: she is given the choice, if she wishes she may take [the land, and if she wishes she may take] the value of a thousand cubits, and the marriage is valid. This is in the case where he assigned her a specific plot of land as a dowry on the condition that it is a thousand cubits, but it turned out to be nine hundred; this is like a defect in terms of the validity of rejection, because he stipulated an intended condition and it turned out contrary to it, so it is similar to the case where he stipulates that a slave is literate and it turns out otherwise. Ahmad permitted her to keep it because the woman was satisfied with it despite the shortage, and he did not grant her any compensation (arsh) along with keeping it, because it is not a defect. It is possible that she has the right to recover the value of the shortage or to return it and take its value.

1199 - Issue; He said: (And likewise if he marries her for a slave [and he turns out to be a free man, or is claimed by another, whether he delivered it to her or did not deliver it]).

The gist of this is that if he marries her for a specific slave, thinking he is a slave owned by him, and he turns out to be a free man,

Notes

(1) In M: "fakhuyyirat" (she was given the choice). (2) In B: "fathbut" (it is established). (3) Omitted from: B. (1) Omitted from: The original. (Note for review). (2) Omitted from: The original, A, M.

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