Is a wife entitled to maintenance if she is too young to be consummated?
Chapter on the Condition in which Maintenance is Obligatory on the Husband
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
A wife who is too young and incapable of being consummated is not entitled to maintenance. This is the position held by Al-Hasan, Bakr bin Abdullah Al-Muzani, Al-Nakha'i, Ishaq, Abu Thawr, the People of Opinion, and is the explicit position of Al-Shafi'i.
Supporting text
Some argue that maintenance is due because the inability to consummate is not due to her own actions, citing illness as an analogy. This position is rejected because maintenance is incumbent upon the permission for enjoyment, which cannot occur if consummation is impossible.