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The question

Is the suspension of a wife's divorce upon her relinquishment of the gold given to her considered a conditional divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the husband intended that his wife would be considered divorced if she gave him gold, then this is a conditional khul‘; because matters are judged by their intentions. So, if the wife waives the gold he gave her, the divorce takes place as a khul‘. The husband cannot retract this khul‘; rather, the divorce occurs if the wife gives him the gold at any time.

Khul‘ is considered an irreversible divorce (ṭalāq bā’in) by the majority of scholars, and therefore, the wife does not become lawful to him afterward except with a new contract, unless this divorce completes the three divorces.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
123024
Imported
Translation status
Source text, unreviewed
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