Is offsetting permissible if one of the two debts is a maintenance debt?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Offsetting a husband's debt with his wife's maintenance occurs if the husband consents to it and the wife is financially capable. Al-Sarakhsi, Ibn Nujaym, and others have clarified that the debt of maintenance is weaker than other debts, so the husband's consent is a condition for offsetting to take place. If the wife is financially incapable, no offsetting occurs, because settling a debt is obligatory from the surplus of her sustenance. And Allah knows best.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/182487
Where this answer came from
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- Ftawy
- Original fatwa ID
- 182487
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy