half. Another view is that her claim in the proportional distribution is now for half the dower: she therefore retains half of what she received in that distribution and returns the other half. This is Ibn al-Qāsim’s view; the first is that of Ibn Dīnār.

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If, however, he divorces her before being declared insolvent and she has received none of her dower, she participates in the proportional distribution only for the half due to her. If she has received the entire dower, she retains half and returns the remainder. If she herself owes debts, the husband participates alongside her creditors in the proportional distribution for that amount.

If she has received half, and her husband is then declared insolvent and subsequently divorces her, one view is that she returns nothing. This is the view of Ibn Kināna, Ibn al-Mājishūn and Asbagh. Another view, which is Ibn al-Qāsim’s position, is that she retains only half of what she received, returns the other half, and participates alongside his creditors in the proportional distribution for the amount returned.

Ibn al-Mawwāz said: “If, however, he divorces her before being declared insolvent, while he is still solvent, and is subsequently declared insolvent, she returns nothing, because what she received had become due to her and she had acquired her entitlement to it before his insolvency.”

What Ibn al-Mawwāz says is correct, unless the half he paid was payable immediately and the remaining half was deferred. In that case, she must return half of what she received, even if he divorced her before being declared insolvent, while he was still solvent—unless they settle the matter between themselves and the husband agrees to waive his claim against her. He is entitled to recover half of the immediately payable portion that he paid her, while half of the deferred portion remains his liability until its due date.

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If, however, he pays her half the dower after the divorce, she returns nothing, because he paid it to her only as the amount due from him.