Is the wife entitled to maintenance (Nafaqah) if she is fit for consummation but neither prevents herself nor are her guardians preventing her?
Chapter on the Condition in which Maintenance is Obligatory on the Husband
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
Maintenance is obligatory upon the husband if the wife is mature enough for consummation and permits access, provided her guardians do not prevent it. This ruling is held by Al-Hasan, Bakr bin Abdullah Al-Muzani, Al-Nakha'i, Ishaq, Abu Thawr, the People of Opinion (Ashab al-Ra'y), and is the explicit position of Al-Shafi'i. The obligation is based on the right to enjoyment (tamkin min al-istimta'), which is presumed possible here.
Supporting text
Al-Thawri and others argue that maintenance is due even if consummation is temporarily impossible due to illness, as the impediment is not caused by her actions, similar to sickness where maintenance is due. However, this view is refuted because enjoyment is still possible with a sick wife, unlike a case where enjoyment is entirely impossible.