THE LAW OF GIVING ALMS WITHOUT HUSBAND'S PERMISSION

THE LAW OF GIVING ALMS WITHOUT HUSBAND'S PERMISSION

A wife must ask permission from her husband when he wants to do one thing, whether it is a worldly business or a worship affair.

If the matter is related to the rights of the husband. Like sunnah fasting.
The Prophet Shallallaahu 'Alaihi Wasallam said:

ﻻَ ﻳَﺤِﻞُّ ﻟِﻠْﻤَﺮْﺃَﺓِ ﺃَﻥْ ﺗَﺼُﻮﻡَ ﻭَﺯَﻭْﺟُﻬَﺎ ﺷَﺎﻫِﺪٌ ﺇِﻻَّ ﺑِﺈِﺫْﻧِﻪِ

"It is not lawful for a woman to fast while her husband is there (not traveling) except with his husband's permission."

(Narrated by Bukhari: 5195, Muslim: 1026)

In another narration it is stated:

ﻻَ ﺗَﺼُﻮﻡُ ﺍﻟْﻤَﺮْﺃَﺓُ ﻭَﺑَﻌْﻠُﻬَﺎ ﺷَﺎﻫِﺪٌ ﺇِﻻَّ ﺑِﺈِﺫْﻧِﻪِ ﻏَﻴْﺮَ ﺭَﻣَﻀَﺎﻥَ

"It is not permissible for a woman to fast other than Ramadan while her husband is there (not traveling) except with his husband's permission."

(Narrated by Abu Dawud: 2458).

Likewise alms, when the charity is related to the rights of the husband

Imam Ibn Utsaimin said...

ﻣﻦ ﺍﻟﻤﻌﻠﻮﻡ ﺃﻥ ﻣﺎﻝ ﺍﻟﺰﻭﺝ ﻟﻠﺰﻭﺝ ، ﻭﻻ ﻳﺠﻮﺯ ﻷﺣﺪ ﺃﻥ ﻳﺘﺼﺪﻕ ﻣﻦ ﻣﺎﻝ ﺃﺣﺪ ﺇﻻ ﺑﺈﺫﻧﻪ ، ﻓﺈﺫﺍ ﺃﺫﻥ ﺍﻟﺰﻭﺝ ﻟﻬﺎ ﺃﻥ ﺗﺘﺼﺪﻕ ﺑﻪ ﻟﻨﻔﺴﻬﺎ ، ﺃﻭ ﻟﻤﻦ ﺷﺎﺀﺕ ﻣﻦ ﺃﻣﻮﺍﺗﻬﺎ ﻓﻼ ﺣﺮﺝ ﻋﻠﻴﻬﺎ ، ﻓﺈﻥ ﻟﻢ ﻳﺄﺫﻥ ﻓﺈﻧﻪ ﻻ ﻳﺤﻞ ﻟﻪ ﺃﻥ ﺗﺘﺼﺪﻕ ﺑﺸﻲﺀ ، ﻷﻧﻪ ﻣﺎﻟﻪ ، ﻭﻻ ﻳﺤﻞ ﻣﺎﻝ ﺍﻣﺮﺉ ﻣﺴﻠﻢ ﺇﻻ ﻋﻦ ﻃﻴﺐ ﻧﻔﺲ ﻣﻨﻪ

“It is well known that the husband's property belongs to the husband. A person may not donate other people's property except with his permission.

If the husband gives permission to the wife, the wife may give alms on behalf of herself or on behalf of someone else who has died, there is nothing wrong with that.

If the husband does not allow it, then it is not lawful for the wife to donate the property, because the property belongs to her husband.
And the property of a Muslim is not lawful except on the basis of his heart's willingness."

(Majmu 'Fatawa Shaykh Ibn Utsaimin: 18/472)

However, if the property that is donated is purely the wife's and the wife's hard work, then there is nothing wrong with giving charity without asking her husband's permission.

Or some scholars state that if the wealth that is given in charity is only a small amount, then there is nothing wrong with the wife giving it as charity.

The Scholars who are members of the Lajnah Daaimah stated:

ﺍﻷﺻﻞ ﺃﻧﻪ ﻟﻴﺲ ﻟﻠﻤﺮﺃﺓ ﺃﻥ ﺗﺘﺼﺪﻕ ﻣﻦ ﻣﺎﻝ ﺯﻭﺟﻬﺎ ﺑﺪﻭﻥ ﺇﺫﻥ ﻣﻨﻪ، ﺇﻻ ﻣﺎ ﻛﺎﻥ ﻳﺴﻴﺮﺍً ﻗﺪ ﺟﺮﺕ ﺍﻟﻌﺎﺩﺓ ﺑﻪ ، ﻛﺼﻠﺔ ﺍﻟﺠﻴﺮﺍﻥ ﻭﺍﻟﺴﺎﺋﻠﻴﻦ ﺑﺸﻲﺀ ﻳﺴﻴﺮ ﻻ ﻳﻀﺮ ﺯﻭﺟﻬﺎ ، ﻭﺍﻷﺟﺮ ﺑﻴﻨﻬﻤﺎ

"Actually, the wife is not allowed to give her husband's property in charity except with the husband's permission.
Unless the amount is small according to prevailing custom, such as alms that are issued to just establish friendship with neighbors, or giving to beggars who ask for a little money that will not harm the husband, the reward will reach both of them."

(Fatawa Lajnah Da'aimah: 10/81)

 

 

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