Section: The husband is responsible for the servant's maintenance, which includes clothing and sustenance, similar to that of the wife of a man in straitened circumstances, except that he is not obligated to provide her with a comb, hair oil, or lotus leaves (sidr), because these are intended for adornment and cleaning, which are not expected from a servant. However, if she requires boots to go out to purchase necessities, he is obligated to provide that.
1380 - Issue: He said: (If he withholds [what is due to her] or a portion of it, and she has access to his property, she may take from it an amount sufficient for her needs in a recognized manner, as the Prophet (peace be upon him) said to Hind when she said: "Abu Sufyan is a stingy man, and he does not give me enough maintenance to suffice me and my child." So he said: "Take what suffices you and your child in a recognized manner.")
The general principle is that if a husband does not pay his wife the maintenance and clothing due to her, or pays her less than what she requires, she is permitted to take from his property what is due or the remainder of it, with or without his permission, based on the evidence of the Prophet's (peace be upon him) statement to Hind: "Take what suffices you and your child in a recognized manner." This constitutes permission for her to take from his property without his consent and [a referral of her] to her own judgment regarding the extent of her needs and the needs of her child. This includes taking the remainder of her required maintenance, as the apparent meaning of the hadith indicates that he was giving her some of what she needed but not the full amount. Thus, the Prophet (peace be upon him) permitted her to take the remainder of her needs without his knowledge because it is a case of necessity, for there is no living without maintenance, nor is there stability except through it. If the husband does not pay it and she does not take it, it would lead to her loss and destruction; therefore, he permitted her to take the amount of her maintenance to address her need, and because maintenance is renewed with the passing of time, bit by bit, making it difficult to litigate before a judge and demand it at all times. Thus, he permitted her to take it without the permission of the one upon whom it is incumbent.
(1) Omitted from [A] and [B]. (2) In [A], there is an addition: "lahu" (to him). (3) Its extraction was mentioned previously on page 348. (4) In [M]: "imra'atihi" (his wife). (5) In [A]: "wa-raddaha" (and a referral of her). In [B]: "wa-raha" (error). (6) Omitted from the original manuscript.
