Is the remaining amount owed to the hospital a debt upon the divorced woman or her ex-husband, especially since she did not pay it at the time of treatment due to their immediate separation thereafter?
The of the four imams is that the expenses of a wife's medical treatment are not obligatory upon the husband, whereas some Malikis hold that they are obligatory. This latter opinion is sound for the following reasons:
1. The Prophet, peace and blessings be upon him, said to Hind: "Take what suffices you and your child in a reasonable manner." Medical treatment is part of what suffices. 2. His, peace and blessings be upon him, saying: "And for them [wives] is their sustenance and clothing upon you in a reasonable manner." Medical treatment falls under the general sustenance. 3. A wife's medical treatment is necessary for the preservation of life, thus it is similar to maintenance. 4. The need for medicine may be more pressing than the need for food and drink, so if maintenance is obligatory, then medical treatment is obligatory a fortiori.
Based on this, the wife is not obliged to bear the expenses of her medical treatment before divorce; rather, the husband is obliged to do so. If the wife pays for it, she has the right to reclaim the amount from the husband. However, if the wife is the one who contracted with the medical facilities, she must pay first, and then she has the right to reclaim the amount from the husband.
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