How is the maintenance (Nafaqah) of a bankrupt person who has an earning capacity determined?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 3 · Bab 1

Open in Qurani

Primary text

When a bankrupt individual possesses an earning capacity sufficient for his own maintenance and that of those he is obligated to support, his maintenance is covered by his earnings. There is no need to access his main assets because he is considered wealthy through his labor, making it impermissible to seize his assets, similar to an excess beyond necessary maintenance. If his earnings are insufficient for his needs, the deficiency is covered from his assets.