or mutton, or chicken. Thus, when circumstances compel the judge to assess maintenance in cash, the view of the author of al-Furuʿ, may Allah have mercy on him, is sound, because it puts an end to conflict and discord. Hence, al-Rawḍ states: “The judge has no authority to assess anything other than what is obligatory—such as cash—unless both spouses agree to it.” (1)
His statement, “If they agree to it,” means: to accepting the monetary equivalent.
His statement, “or to defer it, or to pay it in advance for a long or short period, it is permissible,” is because the right belongs exclusively to the two of them. Thus, if she accepts whatever arrangement she wishes and he agrees, there is no harm. For example, if they agree that he will give her ten riyals each day in place of maintenance, that is permissible. Or if they agree that he will give her three hundred riyals at the beginning of every month, or three hundred riyals at the end of every month, that is permissible. Likewise, if she waives her right to maintenance, it is permissible, because the right belongs to her.
His statement, “She is entitled to clothing once every year, at its beginning,” means at the beginning of the year. Thus, when the year begins, he provides her with clothing. But what is meant by the beginning of the year? Is it the month of Muharram, since it is the first month of the year, or is it the beginning of the year in which the marriage and the obligation of maintenance commenced? The apparent meaning is the latter. But if the former were intended, and he contracted marriage with her midway through the year, he would give her half the clothing allowance for the half-year; then, when Muharram arrived, he would give her a full clothing allowance for the coming year. The correct view, however, as appears to us, is that the year is counted from the time of the marriage contract, just as a lease is counted from the time of the contract when a person rents a house for one year—whether the contract is concluded in the middle of the Hijri year or at its end.