Upon the death of the child after the nursing period has ended, does the father receive the remaining due maintenance allowance immediately or incrementally?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
There are two views concerning the immediate entitlement of the remaining maintenance allowance upon the child's death after the nursing period. The first view, mentioned by Al-Qadi in 'Al-Jamia', holds that the father is entitled to the entire remaining amount at once. This is evidenced by the statement of Ahmad when discussing a similar divorce case, where he ruled that the remainder of the allowance becomes due to the father without considering the time period remaining. The reasoning is that the allowance was divided incrementally only due to the child's need for phased support; once that need for division ceases, the whole amount is due. The second view, deemed correct by Al-Qadi in 'Al-Mujarrad', states that the amount is due incrementally, day by day. This is because the right was established incrementally, so it cannot be claimed preemptively, similar to a Salam contract for daily bread rations where the recipient dies before receiving them all.
Supporting text
The Shafi'i school also has two similar views regarding the immediacy of entitlement upon the child's death, mirroring these two positions, based on the legal debate whether a debt becomes immediately due upon the death of the debtor.