2476. A woman who is involved in a permanent marriage cannot leave the house without the permission of her husband. She must also make herself available for every legal pleasure that he desires. She should also not stop him from engaging in intercourse with her without a legal excuse. If she performs these duties, it will be obligatory on her husband to provide her with food, clothing, housing and the rest of her needs, according to what is commonly acceptable. If he does not provide these to her, regardless of whether he is able to do so or not, he will be indebted to his wife.
2477. If a woman does not obey her husband in the duties that were mentioned in the previous article, she will have sinned. She will also have no right to claim food, clothing, housing and the rest of her needs from him. However, her mahr does not get voided.
2478. A man has no right to force his wife to perform housework for him.
2479. If the travelling expenses of a woman are more than her expenses in her own land, the extra is not the responsibility of her husband, unless it is a journey whose expenses are considered her financial right in the common sense. An example of this would be a woman who is sick, and her treatment is contingent on the journey. In this case, paying for the expenses of the journey—to the extent that is common—will be obligatory on her husband.
The same will apply if the husband wishes to take her on a journey.
2480. If paying for a woman’s expenses is the obligation of her husband, and he fails to pay for her expenses, then after she has demanded it from him, and he has refused to pay, she may appropriate her expenses from his property without his consent. Obligatory precaution dictates that if possible, she should seek the permission of the ¦¡kim al-shar’yy.
If she is unable to withdraw her expenses from his property, and she is also unable to compel him through the ¦¡kim al-shar’yy or his deputy, then if she has no option but to work for her livelihood, she will not have to obey her husband during the periods that she is working to acquire her livelihood.
2481. Obligatory precaution dictates that a man should stay with his permanent wife for one night in every four nights. However, if he has two wives, and he stays with one of them for a night, it is obligatory that he also stay with the other wife during one of the four nights.
2482. A man cannot refrain from having intercourse for more than four months with a young permanent wife. The same applies, based on obligatory precaution, to a wife who is not young, except in the following cases:
a. the wife consents to it;
b. it entails harm or hardship for the husband, in the event that it does not conflict with the harm or hardship caused to the wife;
c. the woman is recalcitrant;
d. it is stipulated within the marriage contract that the discretion of engaging in intercourse lies with the husband.
2483. If the parties fail to specify the mahr in a permanent marriage contract, the contract will be valid. In the event that the man has intercourse with the woman, he must pay her the mahr that women like her commonly receive. However, if the mahr is not specified in a temporary marriage, the marriage contract will be void.
2484. If a payment period is not specified for the mahr whilst pronouncing the marriage, the wife may refuse to have intercourse with her husband prior to receiving the mahr, regardless of whether he is able to pay it or not. However, if she consents to having intercourse before he pays her the mahr, and the man has intercourse with her, then she will not be able to refuse him from having intercourse again without a legal excuse.
