What is the ruling on maintenance when a wife offers submission while the husband is absent?
Chapter on the Condition in which Maintenance is Obligatory on the Husband
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
If the wife offers herself for consummation while the husband is absent, she does not immediately earn the right to maintenance because the husband cannot take possession of her in that state. However, if she presents her case to the judge (Hakim) and offers herself, and the judge summons the absent husband, and the husband or his representative takes possession of her, maintenance becomes obligatory from that point. If the husband fails to comply, the judge mandates maintenance from the time she could have been taken possession of, as the husband then prevented the realization of the obligation when it was possible for him to do so, analogous to being present.
Supporting text
If the wife appears before the judge and offers submission, and the judge writes to the judge in the husband's location to summon him, and the husband either travels to her or appoints a deputy to receive her, and this occurs, maintenance becomes due. If he does not comply, the judge assesses maintenance from the time possession could have been taken.