Is a father's guarantee for his son's wife's maintenance (Nafaqah) for ten years valid?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The guarantee by a father for the maintenance of his son's wife for a period of ten years is valid. This ruling is held by Abu Bakr. The justification is that this guarantee involves either an unknown amount (majhul) or guaranteeing something not yet due (ma lam yajib), both of which are considered valid guarantees in principle. This validity is established regardless of whether the husband is wealthy (mu'sir) or indigent (mu'sir). The supporting evidence is analogous to the validity of guaranteeing the maintenance of an indigent man's wife, which is valid despite the possibility that the maintenance obligation might cease if either spouse dies, thereby invalidating the underlying necessity for the guarantee.
Supporting text
There are differing opinions among the associates of Imam Al-Shafi'i. Some agree with the primary opinion mentioned. Another group maintains that the guarantee is only valid if the husband is known to be indigent, arguing that if the husband is wealthy or of average means, his financial status might change, making the guaranteed amount uncertain (guaranteeing the maintenance of a wealthy or average person, which is unknown), whereas the maintenance for an indigent person is a known quantity (his current obligation). A third group among them holds that such a guarantee is invalid altogether because it constitutes guaranteeing something not yet due.