How is maintenance provided if the husband is absent and maintenance is impossible to secure immediately?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 10 · Bab 1

Open in Qurani

Primary text

If maintenance becomes unobtainable during his absence and he has an agent (Wakeel), his agent's ruling is the same as his regarding demanding and taking from the wealth upon refusal. If he has no agent and the wife cannot secure the funds, the judge takes from his wealth for her, and selling his real estate and movable assets is permissible if no other funds are available. The wife is maintained day by day. This is the position of Al-Shafi'i and Yahya ibn Adam.

Supporting text

The Ashab ar-Ra'y rule that she should be assigned a fixed amount monthly. The evidence against this is that it constitutes advancing maintenance before it is due, which is impermissible, similar to advancing maintenance beyond a month's requirement.