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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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How to Settle the Debt of One Who Borrowed Gold from His Wife

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Question:
I took my wife's gold and sold it with her full consent due to a financial hardship that struck me fifteen years ago. The price was a debt I owed her. Now, with the price of gold having risen tenfold, she is demanding either the current value or the return of the gold by weight. What should I do to be absolved of this debt?

Answer:
You must return her gold to her if she gave you the gold and allowed you to sell it and spend the proceeds on your needs. In that case, the gold is considered a loan from you by weight. If you sold it on her account and she agreed that the loan would be the price, then you must return the price. However, if the loan between you and her was the gold itself, you must return to her the equivalent of her gold. Muslims are bound by their conditions. The Prophet (peace and blessings be upon him) said:
Muslims are bound by their conditionsالمسلمون على شروطهم
.
If you agreed with her to return her gold, then return to her the equivalent of her gold, whether the price is high or low. If what was agreed between you and her was that you would sell the gold on her account and that the price would be a debt you owed her, then Muslims are bound by their conditions, and the price is also one of her conditions. The best thing for you, my brother, is to give her what satisfies her, either one or the other, because the dispute between you may lead to consequences that are not to be praised. My advice to you is to give her what satisfies her, even if it is a burden on you. This is what is best for you. She has been good to you and was generous with you, so please her. The Prophet (peace and blessings be upon him) said:
for the best person is he who discharges his debt in the best mannerإن خيار الناس أحسنهم قضاء
Sunan Abi Dawud 3346Sahih (Al-Albani)
.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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