If he gave her an enslaved man as her bridal gift who could neither read nor write, then he learned and became able to read and write, and he subsequently divorced her, this learning is a connected increase. After the divorce, therefore, the husband is entitled to half the value of the slave without the increase. One considers half of his value at the time of the marriage contract, before he learned. For example, when he gave him to the woman, he was worth ten thousand riyals; then he came to be worth one hundred thousand riyals. The husband is thus entitled to five thousand riyals. Similarly, if he gave her a lean sheep as her bridal gift, then it became fat, and he divorced her, its value is considered at the time of the contract and the husband is given half of it. The same applies to pregnancy, so long as the offspring has not been born.
The rule, then, is that every connected and separate increase belongs to the wife. However, in the case of a separate increase, she takes it while the original property remains jointly shared between her and the husband. In the case of a connected increase, the bridal gift is assessed without its increase—according to its value at the time of the contract—and the husband is given half of that value.
“If the spouses, or their heirs, differ regarding the amount of the bridal gift, its specific item, or that by which it becomes binding, then his word is accepted; but regarding its receipt, her word is accepted.”
His statement, “If the spouses, or their heirs, differ regarding the amount of the bridal gift”: these are matters of dispute. It must be understood that, in disputed matters, the statement of the one supported by the presumption is accepted, unless the apparent evidence is stronger than the presumption, in which case the apparent evidence prevails. This is the governing principle.
Thus, in all disputes—whether concerning a sale, lease, bridal gift, pledge, or anything else—the statement of the one supported by the presumption is accepted, unless there is apparent evidence that outweighs the presumption; then the apparent evidence prevails.
Then, when we say that his statement is accepted, an oath is indispensable, due to the Prophet’s statement, “The oath is upon the one who denies” (1). So understand this principle and apply it to all