Third, having witnesses to this is impossible or difficult, so it is not required, just as witnesses to intercourse are not required. If the spouses dispute whether intercourse has taken place, and the woman is not a virgin, the majority do not accept her unsupported assertion that it has not, even though the presumption is that it has not occurred. Rather, either the man’s word is accepted, or he is instructed to ejaculate, or he has intercourse with her somewhere with a person nearby who can ascertain afterward that intercourse has occurred. Scholars differ over these alternatives. Here, then, her claim accords with the presumption, yet it is not accepted because producing evidence in such a matter is impossible. Providing maintenance within the home is comparable. People are not required to have witnesses when providing maintenance, for this would be an innovation in religion, a hardship for Muslims, and a departure from the way of the believers.

Fourth, scholars hold two opinions on whether a wife must be given ownership of her maintenance provisions. The stronger view is that this is not obligatory, nor must the husband assign her a fixed allowance. Rather, he feeds and clothes her according to what is reasonable. This is the position supported by the Sunnah of Allah’s Messenger—may Allah bless him and grant him peace—who said concerning women:

“They are entitled to their provision and clothing according to what is reasonable.”

Likewise, concerning a slave: “And his clothing according to what is reasonable.” He also said:

“Her right is that you feed her when you eat and clothe her when you clothe yourself.”

Similarly, he said concerning slaves:

“Your brothers are your servants, whom Allah has placed under your authority. Whoever has his brother under his authority should feed him from what he eats and clothe him from what he wears.”

This was the customary practice of Muslims in the time of Allah’s Messenger—may Allah bless him and grant him peace—and his caliphs. No man is ever known to have assigned his wife a fixed maintenance allowance; rather, he would feed and clothe her.