A Conditional Release from Debt

Question

Zayd married Hinda. For a long time relations between Zayd’s relatives and Hinda’s relatives remained firm; then for certain reasons some ill feeling arose between the relatives of both sides. Meanwhile it became known that if Hinda now went to her parental home, her family would not send her back to her husband’s home again. After this became known, Hinda’s family came again and again, but Zayd’s relatives were not prepared to send Hinda off.

Answer

Outwardly this is a guarantee, but in reality it is a release from debt (ibraʾ ʿan al-dayn) made contingent on a condition, and making a release from debt contingent on a condition is not valid: [ar]كما لا يصح تعليق الإبراء عن الدين بشرط محض، كقوله لمديونه: إذا جاء غدا، وإن مت بفتح التاء فأنت بريء من الدين، أو إن مت من مرضك هذا، أو إن مت من مرضي هذا فأنت في حل من مهري، فهو…

Source: Fatawa Mahmudiyya

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