Who bears the cost if the Mahram refuses to travel with the exiled woman?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the Mahram refuses to travel with her, the woman must offer him wages (ujra). Our companions state that this expense should be paid from her personal wealth because it constitutes an expense related to her journey of exile. If she has no wealth, the expense is paid from the public treasury (Bayt al-Mal) according to our companions.
Supporting text
An alternative view suggests that this expense is not obligatory upon her because the exile itself is obligatory upon her, and no additional obligation, like this expense, is imposed upon her as it is not imposed upon a man. Furthermore, this is considered an expense related to the execution of a prescribed punishment (hadd), similar to the wages of the executioner, and therefore should be covered by the public treasury.