Source: Aḥkām wa Masāʾil Kitāb wa Sunnat kī Roshnī meṅ by Shaykh Mubashar Ahmad Rabbānī
I humbly ask: My daughter Samrah Saleem has been divorced. The question is regarding the clothing and jewelry she brought back from her in-laws' house after the divorce. Are these items her rightful property, or is she obligated to return them?
In response to the question, it must be clarified:
① If the jewelry was given by the husband to Samrah Saleem as part of the mahr (dower), then he has no right to reclaim it.
Allah Almighty has said:
﴿وَإِنْ أَرَدتُّمُ اسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍ وَّآتَيْتُمْ إِحْدَاهُنَّ قِنطَارًا فَلَا تَأْخُذُوا مِنْهُ شَيْئًا ۚ أَتَأْخُذُونَهُ بُهْتَانًا وَّإِثْمًا مُّبِينًا﴾
"And if you intend to replace one wife with another and you have given one of them a great amount (of gold as mahr), do not take back anything from it. Would you take it wrongfully and sinfully?"
— [Surah an-Nisāʾ: 20]
This verse makes it clear that a husband is not entitled to reclaim the mahr after it has been paid. Further details can be found in Tafsīr Ibn Kathīr (1/633).
② If the jewelry was given by the husband to Samrah Saleem as a gift (hibah or hadiyyah), he is also not allowed to take it back. The evidence for this is the statement of the Prophet ﷺ:
"العائد فى هبته كالكلب يعود فى قيئه، ليس لنا مثل السوء"
"The one who takes back his gift is like a dog that returns to its vomit. We are not to set such an evil example."
— [Ṣaḥīḥ al-Bukhārī, Book of Legal Tricks (Kitāb al-Ḥiyal), Chapter on Gifts, Ḥadīth 6975]
This ḥadīth proves that once a gift has been received and taken possession of, it is prohibited and impermissible to reclaim it.
③ However, if the jewelry was given to the wife merely for use (i.e., not as mahr or gift), then the husband may request its return, since in that case the ownership remains with the husband, not the wife.
Summary:
✦ Question:
I humbly ask: My daughter Samrah Saleem has been divorced. The question is regarding the clothing and jewelry she brought back from her in-laws' house after the divorce. Are these items her rightful property, or is she obligated to return them?
✦ Answer:
In response to the question, it must be clarified:
① If the jewelry was given by the husband to Samrah Saleem as part of the mahr (dower), then he has no right to reclaim it.
Allah Almighty has said:
﴿وَإِنْ أَرَدتُّمُ اسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍ وَّآتَيْتُمْ إِحْدَاهُنَّ قِنطَارًا فَلَا تَأْخُذُوا مِنْهُ شَيْئًا ۚ أَتَأْخُذُونَهُ بُهْتَانًا وَّإِثْمًا مُّبِينًا﴾
"And if you intend to replace one wife with another and you have given one of them a great amount (of gold as mahr), do not take back anything from it. Would you take it wrongfully and sinfully?"
— [Surah an-Nisāʾ: 20]
This verse makes it clear that a husband is not entitled to reclaim the mahr after it has been paid. Further details can be found in Tafsīr Ibn Kathīr (1/633).
② If the jewelry was given by the husband to Samrah Saleem as a gift (hibah or hadiyyah), he is also not allowed to take it back. The evidence for this is the statement of the Prophet ﷺ:
"العائد فى هبته كالكلب يعود فى قيئه، ليس لنا مثل السوء"
"The one who takes back his gift is like a dog that returns to its vomit. We are not to set such an evil example."
— [Ṣaḥīḥ al-Bukhārī, Book of Legal Tricks (Kitāb al-Ḥiyal), Chapter on Gifts, Ḥadīth 6975]
This ḥadīth proves that once a gift has been received and taken possession of, it is prohibited and impermissible to reclaim it.
③ However, if the jewelry was given to the wife merely for use (i.e., not as mahr or gift), then the husband may request its return, since in that case the ownership remains with the husband, not the wife.
Summary:- Jewelry given as mahr → Not to be returned
- Jewelry given as a gift → Not to be returned
- Jewelry given only for temporary use → Can be returned
