Is maintenance (*nafaqah*) obligatory for a wife who offers herself but cannot permit consummation due to conditions like prior surgery, menstruation, post-partum bleeding, inability to be penetrated, or illness?

Chapter on the Condition in which Maintenance is Obligatory on the Husband

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 1 · Bab 2

Open in Qurani

Primary text

Maintenance is obligatory upon the husband if the wife tenders herself despite being an *ratqaa* (a woman whose vagina is blocked), menstruating, in post-partum bleeding, incapable of being penetrated (*nadhwah khalqiyyah*), or ill. The obligation for maintenance does not cease if such a condition occurs to her later because the possibility of deriving benefit (*istimta'*) remains, and there is no negligence on her part, even if coitus is prevented. This differs from a minor wife, as there exists a state where full consummation is possible, suggesting the marriage was entered into awaiting that state. If the husband demands access to these women, it must be granted, unlike the minor wife where granting access is not obligatory. If a healthy wife offers benefit short of coitus but not coitus itself, maintenance is not due because she is withholding what is due to him. However, these women do not have to consent to acts that cause them harm.

Supporting text

If a wife claims harm in coitus due to a tight passage, sores, or similar issues, and the husband denies it, a trusted woman must examine her and her testimony accepted.