For maintenance is made obligatory in exchange for the enabling (tamkin) that is entitled by the marriage contract; therefore, if it is present, she is entitled to it, and if it is absent, she is not entitled to anything. If she offers incomplete delivery, such as by saying: "I will deliver myself to you in my house and nowhere else," or "in such and such a place and nowhere else," she is not entitled to anything, unless she stipulated that in the contract, because she has not offered the delivery required by the contract, and thus she is not entitled to maintenance, just as if the seller were to say: "I will deliver the merchandise to you provided that you leave it in its place, or in a specific place." If she stipulates her house or her city and she delivers herself there, she is entitled to maintenance because she has fulfilled the delivery required of her. This is why if a master delivers his married slave-woman at night but not during the day, she is entitled to maintenance. This differs from a free woman, for if she were to offer to deliver herself during only part of the time, she would not be entitled to anything, because she has not fulfilled the delivery required by the contract. Similarly, if she allows him enjoyment in one way but denies him enjoyment in another, she is not entitled to anything on that account.

Section: If the husband is absent after she has enabled him (tamkin) and her maintenance has become obligatory upon him, it does not lapse from him; rather, it remains obligatory upon him during the time of his absence, because she has earned the right to maintenance through enabling, and nothing has occurred on her part to cause it to lapse. If he is absent before she has enabled him, she has no right to maintenance from him because the factor that makes it obligatory has not occurred. If she offers delivery while he is absent, she is not entitled to maintenance, because she offered it at a time when he cannot take custody. However, if she goes to the judge and offers delivery, the judge shall write to the judge of the city where the husband is, to summon him and inform him of that. If he then travels to her, or appoints someone to take delivery of her on his behalf, and arrives and takes custody of her, either he or his deputy, maintenance becomes obligatory at that time. If he does not do so, the judge shall assess her maintenance upon him from the time when it was possible to reach her and take custody of her, because the husband refrained from taking custody despite its possibility and her offering it to him, so her maintenance became binding upon him, just as if he were present. If the wife is a minor who is capable of intercourse, or is insane, and she delivers herself to him, and he takes custody of her, her maintenance becomes obligatory upon him, just as it is for an adult woman. If he does not take custody of her because she denies herself, or her guardians prevent her, she has no right to maintenance from him. If the husband is absent and her guardian offers to deliver her, it is as if a woman of legal capacity offered delivery, for her guardian stands in her place. If she offers it without her guardian, the judge shall not assess maintenance for her, because her speech has no legal force.

1394 - Issue: He said: (And if she is in this state that I have described, and her husband is a minor, his guardian shall be compelled to pay her maintenance from the minor's property. If he has no property and she chooses separation, the judge shall separate them.)

He means that if the woman is an adult with whom enjoyment is possible, and she has enabled him (tamkin) or offered to deliver herself, and she does not deny herself nor do her guardians prevent her, her maintenance is upon her minor husband. This is the position of Abu Hanifah, Muhammad ibn al-Hasan, and Al-Shafi'i in one of his two opinions. In the other, he said: She has no maintenance. This is the view of Malik, because the husband is unable to enjoy her, so her maintenance is not binding upon him, just as if she were absent or a minor. Our position is that she has delivered herself in a valid manner, so maintenance is obligatory for her, just as if the husband were an adult. Furthermore, enjoyment with her is possible, and it only became impossible due to the husband's situation, just as if delivery were impossible due to his illness or absence. This differs from the case where she is absent or a minor, for in those cases, she did not deliver herself in a valid manner and did not offer to do so. Based on this, the guardian is compelled to pay her maintenance from the minor's property, because the maintenance is the obligation of the minor, and the guardian merely acts on his behalf in fulfilling the duties incumbent upon him, just as he pays the diyah (indemnity) for his crimes, the value of what he destroys, and his zakat. If he has no property,