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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a wife taking from her husband's money without his knowledge and swearing a false oath

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Question:
Honorable Shaykh, this is a woman asking. She says: I am a woman and my husband is stingy, meaning very miserly. So I took five hundred riyals from him without his knowledge. Then he discovered their loss and asked me, so I denied it because of my fear of him and that he would divorce me. I even swore to him on the Qur'an. Is that permissible? And what do you advise me?

Answer:
It is not permissible for you to take from your husband's money without his permission, except in one case. If he falls short in providing the obligatory maintenance for you or your children, and you ask him to complete it but he does not, then if you come across some of his money, you may take the amount needed to complete the maintenance. This is because Hind (may Allah be pleased with her) came to the Prophet (peace and blessings be upon him) and said:
Hind. the daughter of 'Utba, wife of Abu Sufyan, came to Allah's Messenger (ﷺ) and said: Abu Sufyan is a miserly person. He does not give adequate maintenance for meقالت يا رسول الله إن أبا سفيان رجل شحيح لا يعطيني ما يكفيني
Sahih Muslim 1714a
and my children, so he (peace and blessings be upon him) said to her:
Take whatخذي ما
and your child
in a reasonable manner. Take what is sufficient for youبالمعروف. خذي ما يكفيك
. It is not permissible to take more than what is sufficient.
And by “reasonable” is meant what is customary among people, because maintenance differs: the poor man has a certain level of maintenance, the rich man has a certain level, and the middle-class man has a certain level. So it is taken according to what is customary. Each according to his status. Otherwise, the default is that the husband's money is forbidden, and it is not permissible for the woman to take from it except in this specific case. Yes.
As for her having sworn that she did not take it, that is a lie. This is a lie and it is not permissible for her to swear. She must seek forgiveness and repent to Allah, and not return to such a thing. This is one of the oaths that entails sin, for which there is no expiation, but rather seeking forgiveness and repentance. Yes.

The presenter:
May Allah reward you
Source قناة «العلامة الدكتور صالح الفوزان»، اللقاء الأسبوعي-29 من 32-لفضيلة الشيخ صالح بن فوزان الفوزان -حفظه الله- مشروع كبار العلماء — youtube.com (15:58)

The Arabic text is a machine transcription of the audio recording.

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