Spending on the wife

The definition of spending نفقة The spending here is what the husband is obligated to spend on the wife, which includes: food, clothing, shelter, general living, child custody, and other spending.

The ruling of spending Spending is obligatory on ever husband as proven in the: Quran: لينفق ذو سعة من سعته ومن قدر عليه رزقه فلينفق مما آاته الله لا يكلف الله نفساً إلا ما آتاها (الطلاق 7) Sunnah: روى جابر أن رسول الله صلى الله عليه وسلم قال: عليه وسلم خطب الناس: فقال: «اتقوا الله في النساء فإنهن عوان عندكم، أخذتموهن بأمانة الله واستحللتم فروجهن بكلمة الله، ولهن عليكم رزقهن وكسوتهن بالمعروف» رواه مسلم The prophet peace be upon him said in the authentic hadith narrated by Muslim: “ fear Allah with women, they are as hostages in your homes, you took them by the trust of Allah, and you had legalized their private parts with the word of Allah, they have the right to be financed, sheltered with goodness”. Unanimous agreement between scholars that a man must pay his wife, except if she is ناشز (acting against the marriage). Note: Muslim and non Muslim wives both have the right for spending.

Kinds of spending Essential daily life needs such as food, water, clothing, cosmetics, household needs which is evaluated based on the community and tradition Scholars had different opinions on: medical care, maids. Majority of the scholars have said that medical coverage is not the husbands duty. And that is what all four scholars have said. As for the maids, scholars obligated the man to pay for a maid for the wife only if people of her likes in the community have maids. Unless, he was not able to afford one.

How is the money handed to the wife? Traditionally the husband pays for the household in where the wife is in. The only time, where the husband maybe obligated to give a monthly or weekly allowance is in case of dispute, in where the judge may force the husband to pay a certain amount, and not just general spending. This would be in case of the wife accusing the husband of being: greedy, selfish, far away, low income or other reasons the judge may see important to do so.

When is the man obligated to pay for the wife? It starts from the day of the marriage contract, but the majority of the scholars have said it starts after the official marriage union i.e wedding. But if traditionally she doesn’t move in with the husband till after a certain ceremony then that’s when it starts. If she refuses to be in the husbands household she loses the right for spending.

Working women’s spending If the husband was okay with her working, then she has the right for spending. If she is a working wife, most scholars do say that she should be spending on herself with her own income.

Spending on the wife that is going against the marriage ناشز ناشز : is the wife that disobeying the husband, and going against the marriage and the husband in where he has the right to ask for. Such as: refusing his bed, or refused to obey him in something he has the right to command her: as leaving the house without his permission. THIS IS ON A CONDITION THAT SHE IS NOT PREGNANT.

What decides the amount of spending? المعروف, culture and tradition. As the prophet peace be upon him told هند: “خذي ما يكفيك وولدك بالمعروف” take the amount that is enough for you and your husband, based on the culture”. The persons needs and situation. Note: scholars had different opinions on whether its based on the husbands culture or her culture his situation or her situation. The preponderant is that it depends on the situation for both of them. The husband may not go back on the spending, and ask her the reimburse him for it in any case.

If the husband is incapable of spending on the wife Hanafi scholars permitted her to borrow money with no interest. She is given the option to leave, or be patient. Is it a debt on him? Scholars had different opinions on that.

Pregnancy costs All pregnancy costs are on the husband.

نفقة المعتدة alimony for the wife during her waiting period All scholars agreed that the wife does not have the right of spending before the first intercourse دخول . All scholars agreed that she has the right for alimony if she in in the revocable waiting period, whether pregnant or not. No right for spending in an irrevocable waiting period, unless she is pregnant. Pregnant women have the right for alimony all times.

House spending. All scholars agreed that the husband is responsible for providing the wife with a house. All the house needed items are on the husbands expense based on his situation. وعلى المولود له رزقهن وكسوتهن بالمعروف لا تكلف نفس إلا وسعها (البقرة 233) If the husband has provided the wife with house and the spending the household needs, and after the wedding then she is obligated to move in the house and not refuse. She has the right to refuse to be in the household for the following reasons: If she has not received her dowry If she has conditioned to live in a certain area, and he did not provide that. If it is not safe for her to be there, or be with him.

Independent living The wife has the right to have her own independent living with no one from her co wives, or in laws living with her. If she had agreed, and was okay with having co-wives or husbands relatives living in the same place, that’s fine. But if its one of his brothers, or non mahram relatives, it is important to understand that there cannot be خلوة (being alone in the house). WOMEN STAND UP FOR WHATS HALAL AND HARRAM