Does a divorce take effect if the husband brings new gold in place of the gold he took from his wife, knowing that he said to her: "When I give you your needs and the needs of your father and your brothers, you will be divorced"?
The divorce conditioned on the statement, "When I give you your needs and the needs of your father and your siblings, you will be divorced," takes effect if the husband fulfills his obligation by repaying the gold he took, and what he took from the wife's father and her siblings. If the husband returns the equivalent of the gold he took, the divorce occurs. If the husband claims that he intended to return the exact same gold which melted at the jeweler's, this claim is potentially valid. To avoid the divorce occurring, the husband can return less than what he took, with the remainder remaining as a debt owed by him, and this prevents the divorce from taking effect. The wife must accept this solution.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/9290
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 9290
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy