Is the husband entitled to claim his household furniture, which he relinquished at the time of divorce, especially given that the wife is the custodian of their child and responsible for her expenses, in addition to bearing the costs of transporting and storing the furniture?
The agreement to waive the daughter's maintenance and the (waiting period) maintenance in exchange for leaving the furniture is void due to the unknown quantity of the maintenance and the price. Accordingly, the furniture is his property, and the woman has the right to demand her maintenance during the iddah, what she spent on the daughter, and the wages for her breastfeeding. As for what was spent on the furniture for its preservation or transport, she cannot claim it if it is equal to or less than her utilization of it. If it exceeds that or she had no benefit from it, she can demand the necessary expenses. If leaving the furniture was a gift or a donation without consideration, he has no right to claim it. However, if it was a gift of reward ( thawāb), he can claim it if he is not satisfied with the reward or if it was not given to him. If it was an absolute gift, then there is a detailed explanation according to custom and the circumstances of the donor. It is advisable to consult scholars in her country to understand the specifics of the matter.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 82318
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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