they were poor and he has the means to provide for them. The Qadi said: It is not a condition for parents. And is this a condition for the offspring? The statement of Ahmad implies two reports: One, his (32) maintenance is obligatory; because he is poor. The second is that (33) if he is able to earn a living and provide for himself, his maintenance is not obligatory. This opinion reverts to the principle that he who cannot earn enough to sustain himself is entitled to maintenance, in a single report, whether he is legally deficient, such as a minor or an insane person, or physically deficient, such as one chronically ill (zamin). The two reports pertain only to one who has no trade but is capable of earning a living through his own labor. Al-Shafi'i said: A deficiency is required, either from a legal perspective or from a physical perspective. Abu Hanifa said: A boy is provided for until he reaches puberty, and once he reaches puberty in good health, his maintenance ceases; the maintenance of a girl does not cease until she marries (34). Malik said something similar, except he said: Women are provided for until they marry and their husbands consummate the marriage with them, then there is no maintenance for them, even if they are divorced, and if they are divorced (35) before consummation, they remain on their maintenance. Our evidence is the statement of the Prophet - may Allah bless him and grant him peace - to Hind: "Take what is sufficient for you and your child in a fair manner." He did not exclude from them the mature or the healthy. Furthermore, he is a poor parent or child, so he is entitled to maintenance from his wealthy parent or child, just as if he were chronically ill or blind. As for the parent, Abu Hanifa agreed with us on the obligation of his maintenance while in good health if he has no means of earning, while al-Shafi'i has two opinions on this. Our position is that he is a needy parent, so he resembles the chronically ill.

Section: Whoever has a father capable of providing maintenance, his maintenance is not obligatory upon anyone else; for Allah the Exalted said: "If they suckle for you, then give them their wages." And He said: "And upon the father of the child is their sustenance and their clothing." And the Prophet - may Allah bless him and grant him peace - said to Hind: "Take what is sufficient for you and your child in a fair manner." He placed the maintenance upon their father, not her. There is no disagreement on this that we know of, except that the companions of al-Shafi'i have two views regarding the case where a poor person has both a wealthy father and a wealthy son: one is that the maintenance is upon the father alone. The second is that it is upon both of them, due to their equality in proximity. Our position is that the maintenance is upon the father as explicitly stated in the text, so it is obligatory to follow the text and leave what is other than it.