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The question

Whom am I legally obligated to support?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If by 'sponsorship' (kafalah) is meant the obligation of financial support (nafaqah), then it is obligatory for the wife by virtue of the marriage contract, and for needy relatives, though with differences among the schools of thought: the Shafi'is hold it for ascendants and descendants, the Hanbalis for those whom the provider inherits, and the Hanafis for every relative within the prohibited degrees (dhī rahim muḥarram).

However, if 'sponsorship' (kafalah) is intended as a contract of commitment to produce the person liable for a financial right, then the guarantor's (kafeel) consent is a condition for its validity. Legally, no one is compelled to act as a guarantor, but if one volunteers for it, it becomes binding upon him.

The guarantor is absolved if he delivers the guaranteed person (makfool) to the creditor (rabb al-ḥaqq), or if the guaranteed person delivers himself, or if the guaranteed person dies. If the guarantor is unable to produce the guaranteed person, he guarantees all that is owed by him.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
176384
Imported
Translation status
Source text, unreviewed
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