The maintenance is a debt upon the husband's liability. If she is of sound mind, the master says to her: 'If you desire maintenance, then rescind the marriage, otherwise there is no maintenance for you from me.'

Section: If the spouses disagree regarding the provision of her maintenance or the receipt of her maintenance, the statement to be accepted is that of the woman, because she is the denier and the original state (al-asl) is in her favor. If they disagree regarding the 'tamkin' (making herself available) which necessitates maintenance, or the timing of it, such as she saying: 'It was a month ago,' and he saying: 'Rather, it was a day ago,' the statement to be accepted is his, because he is the denier and the original state is in his favor. If they disagree regarding his solvency, and the woman claims it so that he may be compelled to pay the maintenance of the solvent, or she says: 'You were solvent,' and he denies that, if he is known to possess wealth, her statement is accepted, otherwise his statement is accepted. Al-Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'y) held this same view. If they disagree regarding the maintenance set by the judge or its timing, and he says: 'He set it a month ago,' while she says: 'Rather, it was a year ago,' the statement to be accepted is his. Al-Shafi'i and the People of Opinion held this view. Malik said: If he is residing with her, his statement is accepted, and if he is absent from her, the woman's statement is accepted from the day she referred her matter to the judge. Our position is that his statement accords with the original state, so it is given precedence, just as if he were residing with her. For everyone whom we have stated that their statement is accepted, the opposing party has the right to demand an oath from them, because these are claims regarding property, so they resemble a claim of debt, and because the Prophet (may Allah bless him and grant him peace) said: 'But the oath is upon the defendant.' If the husband gives his wife maintenance and clothing, or sends it to her, and she says: 'You only did that as a charitable donation and a gift,' and he says: 'Rather, it is in fulfillment of the obligation upon me,' the statement to be accepted is his, because he knows his own intention best; it is similar to the case where he pays off his debt and he and his creditor disagree regarding his intention. If he divorces his wife while she is pregnant, and she delivers, and he says: 'I divorced you while you were pregnant, so your waiting period (iddah) has ended upon delivery, and your maintenance and my right of revocation are cut off.'