His statement, “and she has not stipulated her own house or town,” indicates that if she stipulated her own house, she need not be handed over in the husband’s house. We have previously mentioned that this is among the valid conditions, based on the Prophet’s statement: “The conditions most deserving of fulfillment are those by which you made lawful private relations.” (1) This is because her being in the husband’s house is one of his rights; if he waives it, it is waived. The same applies if she stipulated her own town—for example, if the husband is in another town and asks for her to be handed over to him, she is not obliged to do so, because she stipulated her own town, and he has committed himself to this condition; therefore, she is not obliged.

“If either of them asks for time, they must be granted the customary period as an obligation—not for furnishing a household. A female slave must be handed over only at night, and he may have marital relations with her so long as he does not harm her or distract her from an obligatory duty. He may travel with a free wife unless she has stipulated otherwise, ……”

His statement, “If either of them asks for time, they must be granted the customary period as an obligation,” means that one of them requests time from the other. For example, the husband may say, “I want the consummation to take place tomorrow night,” and she says, “Give me time until I put my affairs in order.” Or they may say, “We want the consummation to take place tomorrow night,” and he says, “Give me time until I put my affairs in order.” The author says, “the customary period,” meaning: they are to be given the amount of time customarily granted.

His statement, “as an obligation,” is an adjective qualifying an omitted verbal noun—that is, “granting time as an obligation”—or its governing verb is omitted, the meaning being: it is obligatory in the fullest sense.

The meaning is that consideration must be given to what customarily takes place: one day, two days, or three, according to established convention. This is obligatory because it is part of living together in kindness. Allah, Exalted is He, says: “Live with them in kindness.” [al-Nisa’ 4:19]

His statement, “not for furnishing a household,” means that if he asks for time in order to furnish his house for his wife, it is not obligatory to grant his request, because this is a matter unrelated to the marriage, because