Section: If he says, "If you give me one thousand dirhams, you are divorced," and she gives him a thousand or more, she is divorced because the condition is met. If she gives him less than that, she is not divorced because the condition is absent. If she gives him a thousand by weight, but they are lacking in count, she is divorced; and if she gives him a thousand by count, but they are lacking in weight, she is not divorced, because unqualified "dirhams" refers to the weighed Islamic dirhams, which are such that every ten of them weigh seven mithqals. It is possible that when dirhams are current and circulate by their face value without weighing, she is divorced, because the name "dirhams" applies to them and their objective is fulfilled. She is not divorced if she gives him the weight in a lesser count for this reason. If she gives him a thousand that are defective, such as containing copper or lead [or similar], she is not divorced, because [the unqualified thousand] implies a thousand [in value] of silver, and there is no silver in this. If she increases them beyond a thousand such that it contains a thousand [in value] of silver, she is divorced because she has given him a thousand [in value] of silver. If she gives him an ingot reaching the value of a thousand, she is not divorced because it is not called "dirhams," so the condition was not met, unlike debased coins, for they are called "dirhams." If she gives him a thousand that are of poor quality due to roughness, blackness, or an ugly strike, she is divorced because the condition was met. Al-Qadi said: He has the right to reject them and take their substitute. We have already mentioned this in the preceding issue.
Section: If he says, "If you give me a Marwi garment, you are divorced," and she gives him a Harawi garment, she is not divorced, because the condition upon which he suspended the divorce was not met; but if she gives him a Marwi garment, she is divorced. If he khala'a-ed her for a Marwi garment, and she gave him a Harawi one, the khula' is valid, and he may demand from her what he khala'a-ed her for. If he khala'a-ed her for a specific garment on the condition that it is Marwi, and it turns out to be Harawi, the khula' is valid, because their genus is the same and this is merely a difference in quality, so it is treated like a defect in the exchange (mu'awwad), and he is given the choice between keeping it and having
(5) In the original: "count". (6) In the original: "and similar to it". (7) In the original: "the divorce for a thousand". (8) In the original: "this". (9) In the original: "If". (10) In A, B, and M: "the compensation".
