Is maintenance obligatory upon a minor husband whose wife is mature, capable of consummation, and offers submission?
Chapter on the Condition in which Maintenance is Obligatory on the Husband
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
Maintenance is incumbent upon the minor husband's wealth if the wife is mature, capable of being enjoyed, offers herself, is not prevented by herself or her guardians, and submits herself. This view is held by Abu Hanifa, Muhammad ibn al-Hasan, and one position of Al-Shafi'i. The rationale is that she has rendered a valid surrender of herself, establishing the necessity for maintenance, just as if the husband were mature. Furthermore, enjoyment is possible, and its prevention is due to the husband, similar to prevention due to his illness or absence. This differs from cases where she is absent or a minor, as in those cases, she did not render a valid surrender nor offer it.
Supporting text
An alternative view held by Malik and another position of Al-Shafi'i states that maintenance is not obligatory because the husband cannot avail himself of marital rights, similar to the case where the wife is absent or a minor.