Chapter: A woman acquires ownership of her mahr through the contract, and she is entitled to the increase of a specified mahr before its possession, and the opposite is the opposite. If it is lost, it is her liability, unless her husband prevents her from taking possession of it.
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The author (may Allah have mercy on him) said "Chapter" regarding how a woman acquires ownership of her mahr, meaning who... the mahr is, and when she acquires ownership of the mahr. He said "A woman acquires ownership of her mahr through the contract", but this is if it is specified. For example, if he gives her a house as mahr and says, "This house is your mahr," she acquires ownership of it through the contract, or through the proposal? Through the contract. Once the contract is completed with her, she owns the mahr. Who is entitled to the increase? If the mahr is specified, its increase belongs to her. If it is in the husband's debt (unspecified), its increase belongs to him. An example of a specified mahr is if he says, "I give you this house as mahr." This is specified. If we rented out this house before the consummation of the marriage, to whom does the rent belong? To the woman, because the mahr is specified. An example of an unspecified mahr is if he says, "I give you ten thousand," meaning it is in my debt. If the man earns with the ten thousand and it increases, to whom does the increase belong? To the husband, not to her, because the mahr was not specified but became a debt in his liability. The summary is that a woman acquires ownership of her mahr by what? By the contract alone. Then, if it is specified, its increase belongs to her. If it is unspecified, its increase belongs to the husband. For this reason, he said "And she is entitled to the increase of the specified mahr before its possession, and the opposite is the opposite. If it is lost, it is her liability". If the specified mahr is lost, the liability returns to the specified mahr. If the specified mahr is lost, it is her liability. "Unless her husband prevents her from taking possession of it, in which case he is liable for it". For example, if he gives this woman a car as mahr and the car is lost or burns down, who is liable for the compensation? The liability is on her, the woman, because it is her property; she owned it through the contract, so its profit is for her and its loss is on her. Unless the husband prevents her from taking possession of it. For example, he says, "Give me the car now," the contract has been completed with her, and he says, "No." In that case, the liability is on him, as a liability for usurpation, because he is in the position of a usurper. For this reason, he said "Unless her husband prevents her from taking possession of it, in which case he is liable for it".
The author (may Allah have mercy on him) said "Chapter" regarding how a woman acquires ownership of her mahr, meaning who... the mahr is, and when she acquires ownership of the mahr. He said "A woman acquires ownership of her mahr through the contract", but this is if it is specified. For example, if he gives her a house as mahr and says, "This house is your mahr," she acquires ownership of it through the contract, or through the proposal? Through the contract. Once the contract is completed with her, she owns the mahr. Who is entitled to the increase? If the mahr is specified, its increase belongs to her. If it is in the husband's debt (unspecified), its increase belongs to him. An example of a specified mahr is if he says, "I give you this house as mahr." This is specified. If we rented out this house before the consummation of the marriage, to whom does the rent belong? To the woman, because the mahr is specified. An example of an unspecified mahr is if he says, "I give you ten thousand," meaning it is in my debt. If the man earns with the ten thousand and it increases, to whom does the increase belong? To the husband, not to her, because the mahr was not specified but became a debt in his liability. The summary is that a woman acquires ownership of her mahr by what? By the contract alone. Then, if it is specified, its increase belongs to her. If it is unspecified, its increase belongs to the husband. For this reason, he said "And she is entitled to the increase of the specified mahr before its possession, and the opposite is the opposite. If it is lost, it is her liability". If the specified mahr is lost, the liability returns to the specified mahr. If the specified mahr is lost, it is her liability. "Unless her husband prevents her from taking possession of it, in which case he is liable for it". For example, if he gives this woman a car as mahr and the car is lost or burns down, who is liable for the compensation? The liability is on her, the woman, because it is her property; she owned it through the contract, so its profit is for her and its loss is on her. Unless the husband prevents her from taking possession of it. For example, he says, "Give me the car now," the contract has been completed with her, and he says, "No." In that case, the liability is on him, as a liability for usurpation, because he is in the position of a usurper. For this reason, he said "Unless her husband prevents her from taking possession of it, in which case he is liable for it".