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المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 348١٣٧٩ - مسألة؛ قال أبو القاسم، رحمه الله تعالى: (وعلى الزوج نفقة زوجته، مالا غنى بها عنه، وكسوتها)

الترجمة · EN

treat them well in their clothing and their food." He said: "This is a hasan sahih (good and authentic) hadith." Hind came to the Messenger of God (peace and blessings of God be upon him) and said: "O Messenger of God, Abu Sufyan is a stingy man, and he does not give me enough maintenance to suffice me and my child." He said: "Take what suffices you and your child in a reasonable manner." This is muttafaq alayh (agreed upon). It provides evidence for the obligation of maintenance for her upon her husband, that it is estimated according to her sufficiency, that the maintenance of her child is upon him rather than her and is estimated according to their sufficiency, that this is to be done in a reasonable manner (bil-ma'ruf), and that she has the right to take it herself without his knowledge if he does not give it to her.

As for consensus (ijma), the scholars have agreed upon the obligation of maintenance of wives upon their husbands, if they are adults, except for those among them who are nashiz (rebellious/disobedient). This was mentioned by Ibn al-Mundhir and others. There is a form of lesson in this, which is that the woman is confined to her husband, who prevents her from disposing [of her time] and earning; therefore, it is necessary for him to spend on her, like a slave with his master.

1379 - Issue: Abu al-Qasim, may God have mercy on him, said: "The husband is responsible for the maintenance of his wife, as much as she has no independence from him, and her clothing."

And the summary of the matter is that when a woman surrenders herself to the husband in the manner obligatory upon her, she is entitled to all her needs from him: food, drink, clothing, and housing. Our companions said: Her maintenance is assessed according to the condition of both spouses. If they are both wealthy, then he owes her the maintenance of the wealthy.

الحواشي

(9) Recorded by al-Bukhari, in: The chapter on one who applies the customs of the regions to what they are familiar with..., from the Book of Sales; and in: The chapter on if a man does not provide maintenance, the wife may take what suffices her and her child in a reasonable manner without his knowledge, from the Book of Maintenance. Sahih al-Bukhari 3/103, 7/85. And Muslim, in: The chapter on the case of Hind, from the Book of Judicial Rulings. Sahih Muslim 3/1338, 1339. It was also recorded by Abu Dawud, in: The chapter on a man taking his right from those under his authority, from the Book of Sales. Sunan Abi Dawud 2/259, 260. And al-Nasa'i, in: The chapter on the judge's ruling against the absent party when he identifies him, from the Book of Judges. Al-Mujtaba 8/216. And Ibn Majah, in: The chapter on what a woman has from her husband's wealth, from the Book of Transactions. Sunan Ibn Majah 2/769. And al-Darimi, in: The chapter on the obligation of a man's maintenance for his family, from the Book of Marriage. Sunan al-Darimi 2/159. (1) In [A] and [B]: "ghina'a" (independence/sufficiency). (2) Omitted from [A]. (3) In [M]: "she is entitled to from him".

السابقمجلد 11 · صفحة 348التالي
السابق11·348التالي