C H A P . X V .
Of Nifka, or Maintenance
Définition of ^ J if k a , in the language of the law, lignifies all thole things which
are necellary to the lupport o f life, fuch as food, clothes, and lodging:
many confine it folely to food.
S E C T . I.
O f the N i f k a o f the W i f e .
The Tub- W hen a woman furrenders herfelf into the cuftody o f her hufwifeh
in- * band, it is incumbent upon him thenceforth to fupply her with food,
W B & clothing, and lodging, whether Ihe be a Muffulman or an infidel, behuiband,
caufe fuch is the precept both in the Koran and in the traditions ; and
alfo, becaufe maintenance is a recompence for the matrimonial re-
ftraint; whence it is that where a perfon is in cuftody of another 0:1
account of any demand, or fo forth, his fubfiftence is incumbent upon
that other,— as when a public magiftrate, for inftance, is imprifohed
on account of any mal-adminiftration in his office, in which cafe his
fubfiftence muft be provided from the public treafury; and as the authorities
upon which this proceeds make no diftin&ions between a Muffulman
and an infidel, the rule holds the fame with refpedt to either in
the prefent cafe.
In
I n adjuftipg the obligation of the Nifka, or maintenance of a wife,
regard js to be had to the rank and condition both of her and her huf-
band: thus if the parties be both wealthy, he muft fupport her in an
opulent manner; i f they be both poor, he is required only to provide
for her accordingly; and if he be rich and Ihe poor, he is to afford her
a moderate fubfiftence, fuch as is below the former and above the latter—
Thp compiler o f this work fays that this is the opinion adopted
by Khafaf; and that decrees pals accordingly. Koorokhee is o f opinion
that the rank and condition of the hulband alone is to be regarded,
(and fuch alio is the doftrine of Shafeif) becsuffc the lacred text lays
“ LET HIM SUPPORT HER ACCORDING TO HIS ABILITY._The
ground o f K h a ftif s opinion is a tradition relpedling the prophet, who,
on a woman applying to him for his judgment upon this point, faid
to her •“ take from the property o f your hujhand whatever may fujfice
fo r ii^jubjtfience o f yqurfelf and your child in the cufiomary tvay\"
from which it appears that the circumftances of the vqoman are to be
regarded as well as thofe of the man, for maintenance is incumbent
only fo far as may fuffice for the purpofe intended by it, and as a
woman in mean circumftances has no occalion for the lame fubfiftence
as one who is accuftomed to live in affluence, fuch'is (with refpeft to
her) unneceffary ; and as to the text above quoted by Shefei, it means
no moie than that i f the woman be in affluent circumftances, and her
hulband otherwife, he lhall fupport her according to his ability, and
the remainder, or difference, lhall be a debt upon him. By the expref-
fion “ cufiomary way," in the tradition quoted by Shafei, is to be un-
derftood a middling or moderate way, that is, a medium between the
circumftances of the wife, and thofe of the hulband, where the
former happens to be rich and the latter poor; and as the prophet in
hts decifion left this to the judgment of the parties themfelves, the proportion
is not fpecifically determined by the \aw.— Shafei hzs fo determined
it, faying that the Nifka or maintenance incumbent upon a
hulband in behalf o f his wife, if he be opulent, is two Mids, or about
V o l . I . E u e one
in proportion
to the rank
and circum-
itances of the
parties;