Does the wife's mandatory financial support (Nafaqah) lapse if the husband neglects to provide it for a period?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The husband's failure to provide the mandatory financial support (Nafaqah) to his wife for a period does not extinguish the debt; it remains a liability upon him, irrespective of whether the omission was due to an excuse or not. This is the predominant ruling, supported by Al-Hasan, Malik, Al-Shafi'i, Ishaq, and Ibn Al-Mundhir. The evidence for this position includes the letter of 'Umar (may Allah be pleased with him) to the commanders of the armies regarding men absent from their wives, commanding them to either provide support or divorce, and stipulating that if they divorced, they should pay the past support due. Furthermore, this support is an obligation that is due regardless of the husband's wealth or poverty, and thus it is not nullified by the passage of time, analogous to rent for property and other debts. Ibn Al-Mundhir affirms that this support is obligatory based on the Book (Quran), the Sunnah, and consensus (Ijma').
Supporting text
The alternate view holds that the support lapses if the husband neglects it, unless a judge has already mandated it. This is the position of Abu Hanifa, based on the analogy that support is due day by day, and once the time passes without it being provided (and without a judge's decree), it is waived because the need for past support has been fulfilled by the passing of time, similar to the support owed to relatives.