Is the cost of a servant, food supplements (Adim), or housing established as a debt against a husband who is unable to pay?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 1 · Bab 1

Open in Qurani

Primary text

The debt for the cost of a servant, food supplements (Adim), or housing is established against the person who is unable to pay for them. This opinion is held by Al-Shafi'i. The basis for this ruling is that this expense constitutes a maintenance obligation due as a form of exchange (substitute payment), thus it becomes established in his liability, similar to the obligatory sustenance (Qut) provided to a wife. This is distinguished from expenses exceeding the required maintenance for an indigent person, as those excess expenses are waived upon inability to pay.

Supporting text

Al-Qadi holds that this debt is not established against him because these expenditures are considered extras (zawā'id), and extras, unlike primary obligations, do not become established as a debt upon the inability to pay, similar to amounts exceeding what is obligatory.