Can a husband offset his debt claim against his wife from her maintenance (Nafaqah) obligation?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
If a husband is obligated to provide maintenance (Nafaqah) for his wife, and he has a debt claim against her, he may offset that debt against her maintenance if the wife is financially able (Mūsirah). This is permissible because a creditor may settle a due debt from any of the debtor's assets, and this maintenance falls under her assets in this context. The evidence supports that a person may settle a due right from any of his property as he wishes.
Supporting text
If the wife is financially distressed (Mu'sirah), the husband is not permitted to offset his debt against her maintenance. This is because settling a debt is only incumbent upon what remains after fulfilling essential needs, and the maintenance payment is not an excess for her. Furthermore, God Almighty commanded forbearance towards the debtor in difficulty through His saying: {And if someone is in hardship, then let there be a delay until a time of ease} (Quran 2:280). Therefore, deferment of what is owed to her must be granted.