Is a husband obligated to provide a servant (Khadim) for his wife?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The husband is obligated to provide a servant for his wife if she cannot serve herself due to high status (being one of the 'Ahl al-Aqdar') or illness, based on the command to 'live with them in kindness' (Quran 4:19), which includes providing what is continuously needed, similar to sustenance (Nafaqa). This obligation extends to only one servant, as one is sufficient for her personal needs, according to Malik, Al-Shafi'i, and the Companions of opinion (Ahl al-Ra'y). The evidence is derived from the general duty of kind treatment.
Supporting text
Malik stipulated that if the wife necessitates more than one servant for propriety, the husband must provide for more than one. Abu Thawr similarly stated that if the husband can afford it, two servants may be mandated. The opposing view holds that the husband is only obligated to ensure the service is rendered, which can be achieved without ownership (Tamlik) of the servant, such as by hiring one or allowing a resident servant to serve her.