Husband demanding that the Mahr and gifts must be returned after divorce

Question:-

A man divorced his wife with a single, revocable divorce. The ex-husband is now asking his wife  to return the Mahr, which was a Kruger coin. He is also asking her for other items which he had given her whilst they were married.

Answer:-

It is incorrect for the husband to now request his ex-wife to return the Mahr, as well as other items, that were gifted to her during the marriage. She is the owner of all the items gifted her as well as her Mahr, and cannot be coerced into returning them to him in terms of Shariah. Rasulullah Salallahu Alaihi Wasallam is reported to have said, “The one that takes back his gift is like a dog that vomits, then returns his vomit,” meaning that after vomiting,it licks its vomit, which is a despicable act. Similarly, one that gives a gift to someone and thereafter takes back the gift, is engaging in a despicable act, similar to the dog that licks it vomit. May Allah save us. Ameen!

عن ابن عباس رضي الله عنهما، قال: قال النبي صلى الله عليه وسلم: العائد في هبته كالكلب يقيء ثم يعود في قيئه (صحيح البخاري)

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 20 Rabi-ul-Aakhir 1444 / 15 November 2022