Is the mother obligated to provide financial support (Nafaqah) for her child when the father is indigent?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The mother is obligated to provide support for her child when the father lacks means, and she is likewise entitled to support. This is the position held by Abu Hanifa and Al-Shafi'i, and is reported from Malik. The evidence includes the command to honor parents (Quran 2:83) and the Prophet's instruction prioritizing the mother three times when asked whom to show righteousness toward. Furthermore, she is one of the two parents, thus resembling the father, and the kinship ties that necessitate testimony verification and emancipation also apply, strengthening her obligation.
Supporting text
If the father is indigent, the obligation falls upon the mother, and she is not entitled to reimbursement if the father later becomes wealthy. Abu Yusuf and Muhammad hold that she is entitled to reimbursement. The counter-argument is that whoever incurs support obligation due to kinship is not entitled to reimbursement, similar to the father's obligation.