and there is no alternative for him, or between returning it and taking its value as if it had been Marwi, because his deviation from the condition is akin to a defect in terms of the right to return. Abu al-Khattab said: "In my view, he is not entitled to anything else, because the khula' was for that specific object, and he has received it." If he khala'a-ed her for a garment on the condition that it is cotton, and it turns out to be linen, he is obliged to return it and has no right to keep it, because it is a different genus, and a difference in genera is like a difference in the objects themselves, unlike if he khala'a-ed her for a Marwi garment and it turned out to be Harawi, for the genus is the same.

Section: In every instance where he suspends her divorce on her giving it to him, once she gives it to him in a manner that enables him to take possession, the divorce takes place, regardless of whether he actually takes possession of it from her or not, because the act of giving has occurred; for it is said: "She gave it to him, but he did not take it." Furthermore, he suspended the oath upon an act on her part, and what is required from her part regarding the giving is the offer in a manner that enables him to take possession. If the husband flees or is absent before her giving it, or she says, "Zayd will guarantee it for you," or "Consider it a set-off for what I owe you," or she gives it to him as a pledge, or assigns a debt (ihala) for it, the divorce does not take place because the act of giving did not occur, and divorce does not occur without its condition. Similarly, in every instance where the act of giving becomes impossible, the divorce does not take place, whether the impossibility is from his side, her side, or the side of another, due to the absence of the condition. If she says, "Divorce me for a thousand," and he divorces her, he is entitled to the thousand and she becomes irrevocably divorced (ba'inat), even if he has not taken possession. Ahmad specified this. Ahmad also said: "Even if she says, 'I will not give you anything,' he takes it [the thousand] from her," meaning the divorce occurs, because this is not a suspension upon a condition, unlike the first case.

Section: The suspension of divorce upon the condition of giving, guaranteeing, or transferring ownership is binding on the part of the husband, in such a way that there is no way to refute it, for the ruling that predominates in these is that of pure suspension, as evidenced by the validity of suspending it upon the condition.