Obligation of maintenance without the bride’s send-off to her husband’s home

Question

Question: Zayd’s nikah took place; the customary sending-off of the bride to the husband’s home did not take place, but seclusion (khalwa) had occurred; moreover, whenever Zayd went to the woman’s parental home he was given the opportunity of seclusion. But when Zayd wished to keep his wife with him, the wife refused, saying that for such-and-such a period, for example two years, we will not live with you; and despite Zayd’s insistence the refusal continued.

Answer

(1) The wife’s maintenance is recompense for her being retained (jaza’ al-ihtibas), which is absent in the case asked about; hence it will not be wajib. But if this refusal to be sent to the husband’s home is on the basis of demanding the mahr, it will be wajib: [ar]وإن امتنعت عن تسليم نفسها قبل الدخول أو بعده (عناية)

Source: Fatawa Mahmudiyya

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