the passing of the year. As for their claim that it is a gift (silah), we say: Rather, it is a substitute (iwad) for the sexual availability (tamkin), and the sexual availability has been missed. The Qadi mentioned that if the husband of a pagan or Magian woman pays her two years' maintenance, and then she separates from him due to his embracing Islam, if he had not informed her that it was maintenance he was advancing to her, he cannot reclaim it from her; because the apparent situation is that he did so voluntarily. If he informed her of that, it depends on the case of one who advances zakat and informs the poor person that it is advanced zakat, then the property perishes. Regarding reclaiming it, there are two views, as is the case here. It is appropriate that this should also apply in all other scenarios, because he volunteered by paying what was not incumbent upon him without informing the recipient that it was advanced, so he cannot reclaim it, like the one who advances zakat. If he delivers to her the maintenance of the day, and it is stolen or perishes, he is not liable for its replacement, because he was absolved of the obligation by paying it; this is analogous to the case where zakat perishes after the collector has taken possession of it, or a debt after its owner has received it.

Section: If he pays her maintenance to her, she has the right to dispose of it however she likes, whether by charity, gift, or exchange, provided that it does not return upon her with harm to her body or weakness in her physique, because it is her right, so she may dispose of it as she wishes, like the dower (mahr). However, she does not have the right to dispose of it in a manner that causes her harm, because that would involve wasting his right to it and reducing his enjoyment of her.

Section: He must pay for her clothing once every year, as this is the custom, and payment should be to her at the beginning of the year, because it is the first time of obligation. If the clothing wears out at the time when similar clothing typically wears out, he is obligated to provide her with other clothing, as that is the time of need for it. If it wears out before that due to her excessive going in and out and using it, he is not obligated to replace it, because it is not the time for needing clothing according to convention. If the duration during which it typically wears out through normal usage passes, and it has not