Is the wife obligated to permit marital relations if the husband is indigent and unable to provide maintenance after she consents to remain with him?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the wife consents to remain with the husband despite his inability to provide maintenance, she is not obligated to permit him marital relations because he has not delivered her counter-value (maintenance). This is analogous to a buyer not being obligated to take possession of the sold item if the buyer is indigent regarding the price. The husband must allow her freedom so that she may earn maintenance for herself, as restraining her without providing maintenance constitutes harm to her.