Can a husband reclaim clothing provided to his wife if he divorces her before it wears out?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
There are two positions concerning the husband's right to reclaim clothing upon divorce before it wears out. One opinion permits reclamation because the clothing was provided for a future duration, and if the duration ends prematurely via divorce, the husband may reclaim it, similar to unspent maintenance funds. The second opinion prohibits reclamation because the clothing was provided after it became obligatory upon him, meaning he cannot retract it, unlike provisions intended for future time that was not yet due.
Supporting text
One view allows the husband to reclaim the clothing because it was provided for a future time which has not elapsed due to the divorce, analogous to reclaiming unspent forward-allocated maintenance. The other view prohibits reclamation because the clothing was provided after its obligation attached, thus preventing retraction, unlike future maintenance.