Taking back things given in the hope of marriage when the marriage does not take place

Question

Zayd’s daughter was engaged to Hamid’s son. After the engagement the boy said, “I will see the girl myself.” Upon this Zayd married his daughter elsewhere. Should the money and goods that Zayd gave to Hamid in connection with this engagement be returned or not? This question is to be presented to the community council, therefore a reply card is enclosed. The humble Ghulam Jilani, Madrasa Bahr al-‘Ulum, Khalilabad, Basti.

Answer

The goods and money that were given in the hope of marriage, after which the marriage did not take place, may rightly be taken back, provided they are present and have not been used up. [ar]خَطَبَ بِنْتَ رَجُلٍ وَبَعَثَ إِلَيْهَا أَشْيَاءَ وَلَمْ يُزَوِّجْهَا أَبُوهَا، فَمَا بَعَثَ لِلصِّهْرِ يُسْتَرَدُّ عَيْنُهُ قَائِمًا فَقَطْ وَإِنْ تَغَيَّرَ بِالِاسْتِعْمَالِ، أَوْ…

Source: Fatawa Mahmudiyya

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