Rule [ 15]: Quantum of Divorcee's Maintenance
لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ ۖ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّا آتَاهُ اللَّـهُ (A man of vast means should spend according to his vast means. And anyone whose sustenance is limited should spend from whatever Allah has given to him...65:7) In other words, in determining the quantum of the divorced wife's maintenance the financial position of the husband will be taken into account. If the husband is wealthy, he should spend on his divorcee according to his affluence; and if he is indigent, he should spend according to his limited resources - even if the wife is wealthy. This is the ruling of Imam Abu Hanifah (رح) . Other schools of jurisprudence hold differing views. [ Tafsir Mazhari ]
لا يُكَلِّفُ اللَّـهُ نَفْسًا إِلَّا مَا آتَاهَا ۚ سَيَجْعَلُ اللَّـهُ بَعْدَ عُسْرٍ يُسْرًا (Allah makes no one liable beyond what He has given to him. Allah will soon bring ease after a difficulty....65:7) This is an elaboration of the preceding statement, in that Allah does not demand from anyone more than what he can afford. Therefore, if the husband is indigent, it is incumbent upon him to provide for her according to his level of indigence at that time. The wife, on the other hand, is advised to be content, for the time being, with the amount of sustenance her indigent husband is able to provide. She should not think that the present state of indigence will last for all times to come, because ease and difficulty are in the hands of Allah, and as such He can change indigence into affluence.
Special Note
The verse under comment bears an indication that Allah will create a condition of ease for husbands who try to provide for their wives the obligatory amount of sustenance to the best of their ability, and are not in the habit of keeping their wives under straitened circumstances. [ Ruh-ul-Ma’ ani ] And Allah knows best!
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