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Is the price of gold that the husband bought for his wife—including the excess over what was agreed upon in the contract—considered a debt upon him after his death if he sold it to cover the expenses of the children's marriage?

1 min readAlso available in العربية

The gold mentioned in the marriage contract is the wife's mahr (dowry), and the husband is not permitted to dispose of it without her consent. As for the gold the wife gave to her husband, if it was a gift, she is not allowed to reclaim it. However, if it was a loan, it is considered a debt upon him. Regarding any gold exceeding what was stipulated, if it was a gift from the husband, it belongs to the wife. Otherwise, recourse to the prevailing custom and tradition in that environment is the decisive factor. If custom dictates it belongs to her, then it is hers; otherwise, it belongs to him. The wife has the right to demand all the gold the husband took from her as a loan.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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