Is guaranteeing the maintenance/support (*Nafaqah*) of a wife valid?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
Guaranteeing the wife's maintenance is valid, whether it is for the current day or future support. Maintenance for the current day is already obligatory, and future maintenance will eventually become obligatory, thus binding the guarantor to what is binding upon the husband according to the foundational legal opinion. The possibility that future excess support might lapse due to the husband's indigence does not invalidate the initial guarantee, as guaranteeing something not yet strictly obligatory is permissible, evidenced by the validity of guaranteeing stipulated payments (*Ja'al*) and the marriage portion (*Sadaq*) before consummation.
Supporting text
Al-Qadi states that if the future maintenance is guaranteed, only the amount incumbent upon an indigent husband becomes binding, as any excess is waived due to indigence. Regarding past maintenance, the guarantee is valid only if it was already established as obligatory, either by a judge's ruling or by the opinion that obligation exists even without a judge's decree.