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The wife is not entitled to maintenance if she refused to go back to her husband’s house

03-03-2002

Question 20886

There was a argument between him and his wife, and she said, “Take me back to my family, I don’t want to stay with you.” So he took her back to her family and she stayed with them for several months. Does he have to pay maintenance?

Answer

Praise be to Allah.

He does not have to pay maintenance because maintenance is in return for her allowing him to be intimate with her. And that did not happen because she insisted on going and did not stay with him.

Spending on those under ones responsibility
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