The Majority Is Not Always Right

The majority is not always right … الزوج غير ملزم بالإنفاق على علاج زوجته

The majority of scholars are USUALLY correct, but not ALWAYS …….

A good example which highlights this fact is that the majority of scholars, within the 4 madhabs have ruled: if a wife is sick, her husband is not obliged to pay for her medical expenses.

They’re not saying: ‘he shouldn’t’, they agree it’s good if he does, but they’re saying: ‘he technically doesn’t have to.’

There are obviously other scholars within these same schools who believe he is obliged to pay for her medical expenses, and that is what is customary (العرف) today – which those other scholars also would take into account by the way.

We can respectfully disagree with the majority and agree with the minority view here.

My point is not to knock them, but to show that the truth is not a Democratic process, where the majority is always right.

See these quotes:

1- Imam Shafi’ii says:
وليس على رجل أن يضحي لامرأته ولا يؤدي عنها أجر طبيب
“The man is not obliged to … pay the fee of a doctor for his wife.”
[“Al-Umm”, 8/337].

2- Al-Kasani Hanafi writes:
لو مرضت في الحضر كانت المداواة عليها لا على الزوج
“If she becomes sick in an area, her medical expenses are on her, not on her husband.”
[“Bada’i’ al-Sana’i'”, 5/137].

3- Al-Buhuti Hanbali says:
ولا يلزمه دواء ولا أجرة طبيب إن مرضت
“He is not obliged to provide medicine or pay the fee of a doctor if she falls sick.”
[“Sharh Muntaha al-Iraadaat”, 3/227].

4- Ibn Qudamah says:
ولا يجب عليه شراء الأدوية ولا أجرة الطبيب
“It is not compulsory upon him to buy her medicines, nor to pay the fees of the doctor.”
[“Al-Mughni”, 8/159].

5- Al-Kharshi al-Maliki says:
وكذلك لا يلزمه الدواء عند مرضها لا أعيانا ولا أثمانا ومنه أجرة الطبيب
“Similarly, he is not obliged to pay for her medical expenses when she is sick, nor does he have to pay the fees of the doctor.”
[“Mukhtasar Khalil”, 4/183].