Whose Property the Dowry Becomes

Question

Zayd’s father and grandfather married Zayd’s sister Hinda to Bakr. Some time later, having invited the groom’s wedding procession, at the time of the bride’s departure to her husband’s home they gave Bakr some cash and some utensils and the like. After that, when Hinda began living at Bakr’s, the utensils and the like were kept in use. Hinda lived at Bakr’s for about ten years. During this time three children were born to Hinda — two girls and one boy — of whom one girl died.

Answer

If, at the time of giving the money and the rest, Zayd’s father and grandfather stated explicitly that this was not ownership but a loan for use (‘ariyya), and that they would take it back later, then certainly Bakr is not its owner, nor is Hinda; rather, it is the property of the giver. After his death, inheritance will apply to it in the regular manner.

Source: Fatawa Mahmudiyya

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