What is the ruling if one willingly gives the right to the ruler for the purpose of it being delivered to the creditor?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 5 · Bab 2

Open in Qurani

Primary text

If the debtor willingly hands the right over to the ruler so that the ruler may deliver it to the creditor, or if the debtor takes the right from their own wealth willingly to give it to the creditor, the oath not to give is broken. This aligns with the core principle that oaths pertain to causes (*al-asbab*); since the debtor willingly facilitated the delivery, it is analogous to handing it directly to an agent (*wakeel*) who then delivers it.

Supporting text

The Qadi holds that the oath is not broken in this situation.