How is the maintenance (Nafaqah) determined for a bankrupt individual who has no earning capacity?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If the bankrupt has no earning capacity, his maintenance is provided from his assets for the duration of the bankruptcy period, regardless of how long it lasts, because his ownership remains intact. The Prophet, peace be upon him, stated: 'Begin with yourself, then those you support.' Furthermore, the maintenance of one whose support is obligatory upon him and constitutes a debt, such as the wife, must be prioritized over the rights of creditors. Since the living takes precedence over the deceased (whose burial expenses are settled before debts due to the greater sanctity of life being responsible for damages), the bankrupt's maintenance is prioritized.
Supporting text
The maintenance of relatives whom the bankrupt is obligated to support, such as parents and young children, also takes precedence over creditors, as they are treated similarly to the bankrupt himself. The wife's maintenance is prioritized above that of other relatives because it stems from a contractual nature involving the intent of preservation of life.