What is the ruling of Imam Al-Shafi'i regarding the components and quality of spousal maintenance?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
Imam Al-Shafi'i holds that the mandatory provision must be of the staple foodstuff of the town, and its quality does not vary based on the husband's wealth or poverty, only the quantity differs. Furthermore, Al-Shafi'i restricted the term 'Adim' (accompanying food) exclusively to oil/fat, as it is considered most beneficial for the body, superior in terms of expenditure because it requires no cooking or complexity. The type of oil is determined by the dominant custom of the town, such as olive oil in the Levant, sesame oil in Iraq, or ghee in Khorasan. The proportion of oil is measured against the staple food; for instance, if one loaf requires one ounce of oil, that proportion is fixed. Additionally, a measure of meat, such as one pound every Friday, is required, and if meat is cheap in that location, the amount should be increased.
Supporting text
This opinion is contradicted by the statement of Allah Almighty: "Let the man of wealth spend according to his wealth, and he whose provision is restricted, let him spend from what Allah has given him" (Quran 65:7), and the statement of the Prophet (peace be upon him): "And they have a right to their provision and clothing according to what is customary (bil-ma'ruf)." Spending the provision of the wealthy as that of the poor does not constitute spending from one's wealth or providing clothing according to what is customary. Allah has differentiated between the wealthy and the poor in expenditure, and equating them conflates what Allah has separated. Estimating 'Adim' based on arbitrary measures lacking textual proof contradicts custom and the general practice of people's spending. Ibn Umar stated that among the best things to feed one's family are bread and meat. The correct position is to refer the absolute maintenance decreed in the Law to the accepted customs among people regarding the maintenance of the wealthy, the poor, and the middle class, just as clothing maintenance is referred to custom. Since maintenance is a financial obligation upon the husband for the wife, its kind (quality/nature) must vary according to his wealth or poverty, similar to clothing.