What is the ruling if a husband is unable to provide maintenance for his wife due to indigence?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
When a husband withholds maintenance due to his inability and lack of means, the wife has the choice between patiently enduring the situation or seeking separation (Firaq). This view is narrated similarly from Umar, Ali, and Abu Hurayrah, and is held by Sa'id ibn al-Musayyib, Hasan, Umar ibn Abd al-Aziz, Rabi'ah, Hammad, Malik, Yahya al-Qattan, Abd al-Rahman ibn Mahdi, Shafi'i, Ishaq, Abu Ubayd, and Abu Thawr. The evidence for this is the verse stating, {Either keep [her] in fairness or release [her] with good conduct} (Quran 2:229), and holding her without providing sustenance does not constitute keeping her in fairness, thus necessitating separation.
Supporting text
A dissenting opinion held by 'Ata', Zuhri, Ibn Shubrumah, Abu Hanifah, and his companions is that the wife cannot initiate separation on this basis. Instead, the husband should be prevented from earning so that she may earn for herself, as maintenance is a right upon him, and inability to fulfill it does not invalidate the marriage contract, similar to a debt. Al-'Anbari stated that the husband should be imprisoned until he provides maintenance.