Is the fulfillment of physical or legal defects a prerequisite for the obligation of financial maintenance (Nafaqah) for parents and offspring?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The dominant view in the school dictates that neither physical defect (nuqsun al-khilqah) nor defect in legal capacity (nuqsun al-ahkam) is a prerequisite for the obligation of financial maintenance for parents and offspring, provided they are poor and the provider is wealthy. This is the apparent position of the madhhab and the explicit view of Al-Khiraqi, who mandated maintenance absolutely for poor parents and offspring. The evidence for this general obligation is the Prophet's saying to Hind: 'Take what suffices you and your child with propriety' (bil-ma'ruf), wherein no exception was made for an adult or a healthy individual. Furthermore, the person is a poor father or child, thus meriting maintenance from the wealthy father or child, similar to the case of one who is incapacitated or blind.
Supporting text
Al-Qadi stipulated that this condition is not required for parents. Regarding the offspring, there are two narrated views from Ahmad: one asserts the obligation of maintenance because the child is poor; the second suggests that if the child is capable of earning and supporting themselves, maintenance is not obligatory. This second view resolves to the principle that maintenance is obligatory only for one incapable of earning what sustains them, whether due to legal defect (like a minor or insane person) or physical defect (like an invalid), with the two narrations specifically addressing one who lacks a trade but is physically able to earn.