The reason for their disagreement lies in the tension between a general text and analogy. The general text makes maintenance obligatory for her, whereas analogy indicates that she is entitled to no maintenance except from the master who employs her, or else that the cost be shared between master and husband, since each of them derives a kind of benefit from her.
Because of this, some scholars said: “The husband owes her maintenance only on the day she comes to him.”
Ibn Ḥabīb added: “The judge should require the master of a married female slave to send her to her husband once every four days.”
As to the person upon whom maintenance is imposed, they likewise agreed that it is obligatory for a free, resident husband.
They differed, however, with respect to a slave husband and an absent husband.
Concerning the slave husband, Ibn al-Mundhir said: “All the scholars whose views have reached us agree that a slave is liable for the maintenance of his wife.” In contrast, Abū al-Muṣʿab—one of Mālik’s companions—held that he is not liable.
The basis of their disagreement is the clash between the general text and the legal restriction that a slave is not free to dispose of his wealth.
Regarding the absent husband, the majority hold that maintenance is still due from him, while Abū Ḥanīfah maintained that it is not due unless imposed by the ruler. Their dispute in fact concerns whose statement prevails when the spouses disagree about the amount; this will be addressed in the Book of Judgements, God willing.
They also agreed that one of the wives’ rights is equitable treatment in the division of nights, for it is firmly established that the Messenger of Allah—may Allah bless him and grant him peace—apportioned his nights among his wives, and because of his saying: “If a man has two wives and leans toward one of them, he will come on the Day of Resurrection with one side slanting.”
It is likewise established that whenever he—peace and blessings be upon him—intended to travel, he would draw lots among them.
They differed, however, about how long the husband should stay with a bride who is a virgin and with one who is previously married, and whether that period is counted if he already has another wife. Mālik, al-Shāfiʿī, and their followers said: “He stays with the virgin seven nights and with the thayyib three, and those nights are not counted against the share of another wife.” Abū Ḥanīfah replied: “His stay is the same whether she is a virgin or thayyib, and it is counted if he has another wife.”
The cause of their disagreement is the apparent opposition between the ḥadīth of Anas and the ḥadīth of Umm Salamah.
The ḥadīth of Anas states: “Whenever the Prophet—may Allah bless him and grant him peace—married a virgin he stayed with her seven nights, and whenever he married a thayyib he stayed with her three.”
As for the ḥadīth of Umm Salamah, it recounts that “when the Prophet—peace and blessings be upon him—married her and morning came while she was with him, he said, ‘Your family has not been slighted. If you wish, I shall stay seven nights…’”