Is a wife who is temporarily ill, with recovery expected, obligated to be handed over to her husband?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If a wife is ill with an illness whose removal is hoped for, she is not obligated to surrender herself before recovery. This is because the ailment is a temporary impediment, analogous to minority, and custom does not support delivering a sick woman to her husband; delivery in the contract must conform to customary practice. If she surrenders herself and the husband accepts her, maintenance is incumbent upon him because illness is an incidental condition that recurs, making the omission of maintenance difficult, thus resembling menstruation. If she falls ill after being delivered, her maintenance does not cease.
Supporting text
If the husband refuses to accept her delivery, he has the right to refuse, and maintenance is not incumbent upon him because, just as her delivery was not obligatory, his acceptance is not obligatory, similar to the minor case, and because custom does not dictate acceptance under these circumstances. Al-Qadi, however, stated that acceptance is obligatory upon him, and maintenance is due if he refuses, treating it as an unavoidable, recurring incidental condition akin to menstruation.