Section
A woman becomes the owner of her bridal gift upon conclusion of the marriage contract, and she is entitled to the increase in a specified item before taking possession of it; and the converse follows the same principle.
His statement, “A woman becomes the owner of her bridal gift upon conclusion of the marriage contract”: It is known that when a bridal gift is stipulated for a woman, it is either specified or unspecified. A specified gift is where, for example, he says, “I marry you my daughter in return for this car,” or “these dirhams,” or “this house,” or “this garment.” An unspecified gift is where he says, “I marry you my daughter for ten thousand riyals.” The author says that she becomes the owner of her bridal gift by the contract, whether it is specified or unspecified. If it is specified, the matter is clear; but if it is unspecified, what is the benefit of her ownership? The benefit is that it becomes a debt owed to her by the husband.
His statement, “upon conclusion of the marriage contract”: If he says, “Marry me your daughter in return for this house,” and the contract is delayed for ten days, then the house does not belong to her before the contract; rather, it remains the husband’s property.
His statement, “and she is entitled to the increase in a specified item before taking possession of it”: The increase of a specified item belongs to her as soon as the contract is concluded, even if she has not taken possession of it. Thus, if this house, for example, is specified and the marriage contract is concluded in return for it, but consummation is delayed for a year, and during that year the house yields ten thousand riyals in rent, that rent belongs to the wife.
Likewise, if the bridal gift is an animal, such as a sheep, and it gives birth before consummation, the offspring belong to the wife.
If someone were to ask: Is it not possible for the husband to divorce her?
The answer is: Certainly. If he divorces her, she is entitled only to half of it, and he may reclaim from her half of the bridal gift.