Return of what the husband was made to spend at the bride’s send-off

Question

A husband is divorcing his wife on the condition that he recover in full the money which the woman’s father took as a bribe (rishwa) and what he spent on the occasion of the nikah, and that he also be given the boy. Is this demand of his valid according to the Shari‘a or not? Explain and be rewarded. 8 Rabi‘ II / 64 AH.

Answer

The money that the woman’s father took from the husband as a bribe must be returned in any case — it is wajib — whether he divorces or not. As for the money the husband spent, demanding it in return for giving a divorce is valid according to the Shari‘a when the disobedience and recalcitrance are on the woman’s part; and in that case an irrevocable divorce (talaq ba’in)

Source: Fatawa Mahmudiyya

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