Children were maintained with borrowed money: who is bound to repay the debt?

Question

Question: Zayd has given Hinda talaq. Hinda used to keep taking interest-bearing loans from non-Muslims for her family and children; Zayd and Hinda both ran the household. Now, after the talaq, a debt has remained upon Hinda; clearly this debt was for the children and so on. So is the repayment of this debt wajib upon Hinda or upon Zayd, since it was taken precisely for Zayd’s children?

Answer

By the formal rule, repayment of this debt is wajib upon Hinda, because she took the loan, not Zayd. If Zayd had told Hinda: “Take loans and bring up my children; I will repay,” then Zayd is responsible for this debt and he should pay it. Although what religious conscience (diyana)

Source: Fatawa Mahmudiyya

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