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Is it obligatory to return the gold that the husband borrowed from his wife and sold out of necessity, then the judge annulled the marriage contract without compensation, knowing that this gold was part of her dowry?

1 min readAlso available in العربية

If the judge orders a divorce or instructs the husband to divorce, and the husband divorces his wife or annuls the marriage without compensation paid by the wife, and the wife had a debt owed to her by her husband, this debt is not forfeited; rather, it remains obligatory for him to repay it. This is based on what was narrated from the Prophet, peace and blessings be upon him: "Whoever takes people's money with the intention of repaying it, Allah will repay on his behalf, and whoever takes it with the intention of destroying it, Allah will destroy him." It was also mentioned in another hadith that all sins are expiated by martyrdom in the way of Allah except debt.

Therefore, it is obligatory to return the equivalent of the gold that the husband took, unless his ex-wife forgives him for all or part of it.

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

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