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877304/03/2002
The wife is not entitled to maintenance if she refused to go back to her husband’s house
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?
Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.
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.
Source:
Shaykh Ibn Jibreen
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