Is the husband obligated to give ownership (Tamlik) of the servant to the wife?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The husband is not obligated to grant ownership of the servant to the wife. The obligation pertains only to ensuring the service is provided, which can be fulfilled if the husband hires the servant (whether free or slave) or uses his own servant without transferring ownership. If the wife consents to the servant serving her while the husband covers the servant's maintenance, this is permissible. It is also permissible if the wife requests the wages of the servant and the husband agrees.
Supporting text
If the husband states he will provide a different servant instead of paying the wages for the one she requests, he may do so if the substitute is suitable. If the wife claims she will serve herself and take the servant's wages, the husband is not required to accept, as the expense is his responsibility, and providing the attendant serves the purpose of preserving her status and comfort, which is lost if she serves herself.