is considered a defect in women, due to the fear of death during childbirth. For this reason, the sold item can be returned due to it. Therefore, she is not obligated to offer it due to the increase, nor is he obligated to accept it due to the decrease, and he is entitled to half of its value. If they both agree to halve it, it is permissible. If he gave her a pregnant [slave-girl] as dowry, and she gave birth, he has given her two distinct items: the slave-girl and her offspring, and the offspring increased while in her ownership. If he divorces her, and she agrees to offer half of the mother and the offspring together, he is compelled to accept both, because it is an inseparable increase. If she does not offer it, he is not permitted to reclaim half of the offspring due to its increase, nor half of the mother, due to the separation it would cause between her and her offspring. Instead, he reclaims half the value of the mother. Regarding half of the offspring, there are two views: One is that he is not entitled to half of its value, because at the time of the contract it had no value, and at the time of separation it has increased while in her ownership, so the husband cannot have it appraised with its increase. This differs from the offspring of a deceived party (al-maghrur), for the time of separation is the time of interference, which is why it is appraised in that case, unlike our issue. The second [view] is that he is entitled to half of its value, because he gave her two items as dowry, so he does not reclaim one without the other, and it is appraised at the time of separation because that is the first moment it is possible to appraise it. There is another view in the issue, which is that the pregnancy has no legal ruling, so it is as if it were a new occurrence.

Section: If the dowry is measured or weighed, and it decreases while in the husband's possession before he delivers it to her, or if it is other than measured or weighed and he prevented her from receiving it, the decrease is upon him, because it is under his risk. The woman has the choice between taking half of it in its diminished state along with the compensation (arsh) for the decrease, or taking half of its value at its highest point from the day he gave it as dowry until the day he divorced her, because if it increases it is for her, and if it decreases it is against him; he is in the position of a usurper. However, he is not liable for an increase in value due to market fluctuations, because that is not under the risk of a usurper, so it is more appropriate here.

1216 - Issue: He said: (If he gives her land as dowry, and she builds a house on it, or a garment, and she dyes it, then he divorces her before consummation, he reclaims half of its value at the time he gave it as dowry, unless)