the wealth has passed to the heirs, so how can we assign maintenance from the estate?! Therefore, we say: she is not entitled to maintenance, even if she is pregnant.

If it is asked: What should be done if she is pregnant, when we previously stated that maintenance is for the fetus, not for her on account of it?

They say: maintenance is due from this fetus’s share of the estate. If there is no estate—for example, if its father dies leaving no wealth—then its maintenance is due from those relatives who are obligated to support it, such as wealthy brothers or paternal uncles.

His statement: “She may receive each day’s maintenance at its beginning.” The pronoun in “she” refers to the wife, the revocably divorced woman, and the woman irrevocably separated while her husband is alive if she is pregnant. Thus, the meaning is that each of these three women entitled to maintenance may receive the maintenance for each day at the beginning of that day. He is to bring her breakfast, lunch, and dinner at the start of the day. That is, as soon as the sun rises, she may say to her husband: “I want breakfast, lunch, and dinner now!”

But this view is far from correct and far from the meaning of Allah’s saying: “And women have rights similar to those owed from them, according to what is fair” [al-Baqarah 2:228]. For it is not customary for a woman to demand breakfast, lunch, and dinner at the beginning of the day. Indeed, if the husband said to her, “I will bring breakfast, lunch, and dinner at this time,” she would say, “No, because it will spoil.” Yet, if he insists on bringing them at the beginning of the day, then according to the madhhab, he is entitled to do so. The correct view in this matter is that it should be determined by customary practice. This is what the Quran and Sunnah indicate. The Prophet ﷺ said: “Their provision and clothing are due from you according to what is fair.” (1)