Does the wife have the right to withhold herself until she receives her *mahr* (dower)?

Chapter on the Condition in which Maintenance is Obligatory on the Husband

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 3 · Bab 2

Open in Qurani

Primary text

The wife has the right to withhold herself until she receives her *mahr*. This is because surrendering herself before receiving the *mahr* leads to the husband obtaining the benefit contracted for through coitus, with no recourse for the wife to reclaim what was utilized. This situation is contrasted with a purchased item, where if the buyer defaults on payment after taking possession, the seller can reclaim the item. Therefore, the husband is obligated to deliver the *mahr* first, and the wife is entitled to refuse access to herself until she receives it. If she withholds herself to receive the *mahr*, she is entitled to maintenance because she is withholding based on a valid right.

Supporting text

If it is argued that if she withholds due to her own minority or illness, maintenance is not due, the distinction is that withholding due to her own condition (illness or minority) is a matter originating from her side. Here, the withholding is due to the husband's failure to fulfill what is due to her, resembling a situation where consummation is impossible due to the husband's minority, in which case his maintenance obligation does not lapse. However, if impossibility is due to the wife's minority, maintenance is not obligatory upon him.