Expenses

Expenses are of many kinds(a) Expenses of the wife. (b) Expenses of close relatives. (c) Expenses of property. The expenses of the wife of permanent marriage is obligatory on the husband as food, clothing, home and furniture and other household goods for cleaning and maintenance according to her social condition, provided, she lives with him but if she leaves him without good shar'i reasons, she loses her right of expenses. According to well-known view, expenses are obligatory on the husband only as long as she does not violate the marital rules and is not recalcitrant in yielding to his marital rights or causing him to dislike her, but to consider scandalizing and verbal abuse as a violation of such rule is objectionable.

Rule (1398) Apparently, the expenses of taking showers and cleaning also is part of such expenses if the house does not have such facilities as well as the expenses of child-birth and commonly needed medical expenses or even the expenses of more serious illness which cost lots of money as long as they are bearable.

Rule (1399) The expenses of the time between the marriage contract and ceremony is not obligatory on the husband because common practice is an indication and proof that it is waived and dropped for this period.

Rule (1400) The expenses of a wife of a permanent marriage is obligatory even if she is a non-Muslim tax-payer, slave girl or a minor and if she is divorced in a revocable form of divorce, her expenses are still due and payable but if the divorce is in an irrevocable form or her husband may have died she is not entitled to any of her expenses to be provided, if she is not pregnant but if she is pregnant her expenses are due on the husband in the case of divorce but not if the husband dies. If such expenses are not provided in time they are still payable dues and are transferred is part of her legacy to her heirs.

Rule (1401) The expenses of the parents are obligatory for the son and the expenses of the children are obligatory for the father. One does not become free of such obligation if the dependent is able to receive public help from ZAKAT and KHUMS if this affects their public image and reduces their social status in fact, even without such consequences still the father and children have to fulfill their obligation. Spending is not necessary practically they are receiving enough for their expenses or they are rich or are able to earn.

Rule (1403) To the well known view the expenses of children in the absence of father or grand-father are obligatory for the mother and in her absence it is the obligation of her father and mother in equal amounts and if there is the mother of the father she also bears her share of such expenses but this view is not free from objection, although, it is based on a precaution. Such expenses are not obligatory for others besides the parents and grandparents, like aunts, brothers and sisters and their children.

Rule (1404) One's own expenses come before relatives and those of the nearer among them are prior to those not so near, thus, son is prior to grand-son and if they are all of the same degree and one is not able to provide for all of them he chooses any one or more from among them.

Rule (1405) The expenses of a slave are on the master who may pay it from the slave's earnings and pay more if the earnings are not enough. Due to precaution the owner must spend for the animals he owns for their food, sell or slaughter them if they could be used for food.

Rule (1406) To the popular view the ability to provide expenses is not a condition for the validity of marriage contact. If a woman marries a man who is not able to provide her expenses or such inability comes later on after marriage contract is formed, she will not have the right to revoke the contract not by herself or through the high authority in shari'a but it is lawful for her to present her case to high authority who then orders the husband to divorce her and if he refuses the high authority divorces her without him. If one who is able to provide the expenses of his wife but is refusing to do so, again it is permissible for her to ask the high authority in Shari'a who orders him to do either one of the two and if he refuses and it is not possible to acquire such expenses from his property it is lawful for the high authority to divorce her, regardless, the husband is present or absent. If the husband is missing but she knows that he is alive it is necessary for her to wait even if there is no property for him to spend for her and there is no one as his guardian who takes such responsibilities. More details of missing husband will be mentioned later.

Rule (1407) It is not lawful for the permanently married wife to leave the house without the permission of the husband. She must not deny him of any sexual pleasures without good reason. If she did follow such rules she is entitled for all her expenses to be provided by the husband like food, house, clothing etc. and if he did not provide her such expenses when he is able to do so he remains indebted to her.

Rule (1408) The consumable articles like food items and hygienic materials become the property of the wife as soon as she receives them. She can demand from him to give her possession of such items or agree with whatever he brings as it is common practice, she eats and uses his food etc. The durable goods like house, the servant are for her use not to possess and she cannot demand from him to give her possession, apparently, the household materials such as rugs etc., are also of the second category of household items but to consider clothes an item of the first or second category is objectionable, to consider them of the first category is more near to reality. It is not permissible for her to move the items of the second category to others or use them in a way different from common practice without his permission, but all of these is permissible in the first category.

Rule (1409) A wife violating marital rules, as mentioned, loses her right of expenses, but if she repents and comes back, her rights are restored and she is entitled to receive all expenses.

Rule (1410) If the husband becomes a violator of marital rules and does not provide the expenses of his wife without any good reason her case is presented to high authority in sharia but lawfulness of her becoming a violator of marital rules and refusing her husband's right in such case is objectionable.

Rule (1411) If the husband does not have any property to spend from for the wife but is capable to earn it is necessary for him to earn unless such earning is against his status, in which case her expenses remain as payable debts on him, apparently, it is obligatory for him to borrow money if he knows of his ability to pay back but because of his thinking of his inability to pay back later to consider such obligation as dropped is objectionable according to reason nearer to reality such obligation in the latter case also remains effective.

Rule (1412) The expenses of the wife could be waived on the daily basis but waiving it for all future times is not free from objection, although according to a more clear reason it is lawful but the expenses of other relatives cannot be waived because such expenses by nature are purely obligatory because of law (not because of a contract and a practical case to deal with).

Rule (1413) In the case of relatives it is enough to provide for them at one's own house and it is not necessary to give them possession or provide for them at some other home, if the dependent makes such demands, it is not necessary to do so unless there are some good reasons because of which the dependent cannot receive the benefit at the provider's house because of weather or some other unfavorable reasons on the part of the dependent.

Rule (1414) If travelling becomes obligatory for a wife her expenses on the journey are still obligatory on the husband. The expenses of the journey are also on the husband if the journey is related to her life like medical treatment etc., but if the journey is her own obligation like performing HAJJ etc., it is not obligatory for the husband. Her liabilities like expiation of certain violations in the worship acts are not the husband's responsibility.

Rule (1415) If there is dispute between wife and husband while they agree on her right of receiving her expenses, apparently, the words of the wife are accepted with oath on her part, regardless, the husband is absent or the wife is separated etc.

Rule (1416) If a wife gives birth and she is divorced in the revocable form of divorce, and she claims as being divorced after birth so she can receive her expenses and the husband claims the divorce to be before birth and her waiting period is already over and, thus, there is no expenses for her, in such case the words of the wife are accepted with oath on her part if she takes oath she receives her expenses, but he is bound by what he has already professed and it is not lawful for him to revoke the divorce.

Rule (1417) If the wife and husband dispute about poverty or riches, the words of the husband who professes poverty are accepted with oath on his part, but if the husband who was rich claims to have become poor and the wife rejects it, her words are accepted with oath on her part.

Rule (1418) Wife's entitlement to her expenses does not require her to be poor and needy, even if she is rich she is entitled to receive her expenses.