The wife's financial maintenance after the contract and before consummation
Machine translationRead the Arabic original
The questioner:
The questioner says: If a man contracts marriage with a woman but does not consummate it, is he obligated to provide her with financial maintenance?
The Shaykh:
No, he is not obligated to provide financial maintenance unless she hands herself over to him; once she does, financial maintenance becomes obligatory for him to pay her, because maintenance is in exchange for the right to enjoy her company.
The questioner:
May Allah reward you. The questioner says:
The Shaykh:
Unless he refuses—if he refuses to take her in. If he refuses to take her in just to escape paying her maintenance, it does not drop from him, because the refusal came from him. Yes.
The questioner:
Honorable Shaykh, he says:
The Shaykh:
Come, take your wife? He says: No, I don't want to, I don't want to take her in now, I want to escape paying her maintenance. In that case, he is obligated to pay her maintenance. Yes.
The presenter:
May Allah reward you,
The questioner says: If a man contracts marriage with a woman but does not consummate it, is he obligated to provide her with financial maintenance?
The Shaykh:
No, he is not obligated to provide financial maintenance unless she hands herself over to him; once she does, financial maintenance becomes obligatory for him to pay her, because maintenance is in exchange for the right to enjoy her company.
The questioner:
May Allah reward you. The questioner says:
The Shaykh:
Unless he refuses—if he refuses to take her in. If he refuses to take her in just to escape paying her maintenance, it does not drop from him, because the refusal came from him. Yes.
The questioner:
Honorable Shaykh, he says:
The Shaykh:
Come, take your wife? He says: No, I don't want to, I don't want to take her in now, I want to escape paying her maintenance. In that case, he is obligated to pay her maintenance. Yes.
The presenter:
May Allah reward you,
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 075-كتاب النكاح - 7-11-24 هـ — archive.org (1:12:54)
The Arabic text is a machine transcription of the audio recording.