Is maintenance wajib on the husband even while the wife lives in her father’s house?

Question

Question: (1) During Zahra’s stay with her parents, are food, maintenance and expenses payable by Bakr as an obligation, according to Bakr’s acknowledgment (iqrar)? (2) Is it permissible that, according to the acknowledgment, Zahra receive half of Bakr’s income for the past two years — the period she did not live with Bakr — and is it wajib upon Bakr? (3) If the aforementioned obligations are necessary and payable, and Bakr shirks paying them, what sin will be incurred by him according to the noble Shari‘a?

Answer

(1) According to the agreement she is entitled to food and maintenance. (2) According to the settlement she is entitled to half the income, provided that by custom such an amount is considered sufficient for her food and maintenance. (3) Not fulfilling a wajib right is a sin.

Source: Fatawa Mahmudiyya

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