Do you not see that the hadith (It is not permissible for a woman to dispose of her wealth without her husband's permission) contradicts texts from the two revelations?
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The questioner : Well, do you not see that it conflicts with the general Quranic and hadith texts that grant women the freedom to own and dispose of property?
The Shaykh : Like what?
The questioner : The texts regarding their ownership and disposal of their wealth are general; they own what they own by the texts of the Quran.
The Shaykh : May Allah bless you. We have not denied that she owns it; she is the owner of her wealth, and it is not permissible for anyone else to dispose of her wealth without her permission, whether by gift, grant, or charity. So, if we adopt the aforementioned hadith, that does not mean we have not given the woman ownership of her wealth. No, rather, as a life partner with this husband, she should not act independently in disposing of this wealth, the least of which can be said is that if she dies, the legal heirs inherit it because she is its owner. So, the fact that a woman, may Allah bless you, is the owner of the wealth does not imply that she can dispose of it without her husband's permission. The matter in this is exactly as it is not permissible for a girl to marry herself, but only with the permission of her guardian. So, if her guardian, as sometimes happens, unfortunately, obstructs her, then the legal judge intervenes, takes charge of her matter, and marries her to someone she approves of as a husband, on the condition that he is a suitable match. Likewise, if we assume a woman has wealth and we assume her husband is domineering and tyrannical over her, preventing her from disposing of her wealth in the lawful ways, then she brings her matter to the legal judge, and the problem is solved. In reality, were it not for customs and traditions and some known school-of-thought opinions, on the premise that a woman has absolute freedom to dispose of her wealth, adopting this hadith would be part of organizing marital life, with no problem at all. Especially if we look at women in general, and more specifically if we look at women of the end times today. If they were given freedom to dispose of wealth, they would fall into extravagance, waste, and squandering of money. So what prevents the Messenger (peace be upon him), by revelation from Allah (Blessed and Exalted is He), from looking far ahead and establishing this condition? If the spouses are in agreement, as is assumed, this text will not be a cause of difficulty between them. But if the husband is tyrannical, stubborn, and unjust, then the solution to the problem at that time is like the solution for one who obstructs his daughter.
The questioner : But the claim of prohibition, you know its status, of course, in the Shari'ah.
The Shaykh: Yes.
The questioner : And what it requires of strong evidence, with no objections to it, and so on. So it is not permissible to interpret the hadith as an incorrect action, an action that should not be, which leads to another derivation?!
The Shaykh : We return to say: You, O Arabs, and we are among you, we learn the language from you:Sunan Ibn Majah 2388Sahih (Darussalam), bring an interpretation so we can benefit from you? How do we interpret this hadith?
The questioner : The hadith conflicts with ownership and with disposal, and women, as you mentioned in your explanation, there are many cases where they used to dispose of things by giving charity, selling, buying, and others, meaning this thing exists.
The Shaykh : No, we are not talking about what exists, but rather about what is missing, which should exist instead of this existing thing.
The questioner : Then, a hadith at this level, its meaning requires that to contradict other texts, it must be at their level. It is known that contradiction occurs in its like, if the accepted is contradicted, as they say.
The Shaykh : You, may Allah bless you, are still, without blame - because I have lived this openly - .
The questioner : We would like to be open.
The Shaykh : May Allah reward you with good, that is the expectation of you. You are still claiming and making the claim the evidence. We want the evidence. The first thing you mentioned was ownership, we said this does not deny ownership from the woman, she owns, but it is not permissible for her to dispose of it except with the consent of her life partner. Where is the evidence that it is permissible for her to dispose of it without her husband's permission?!
The questioner : The texts that came regarding disposals, do they not contradict this?
The Shaykh : This has already been answered, may Allah bless you, it has already been answered.
The questioner : If there is evidence, even just one, to clarify.
Another questioner : It is, but the situation is not the place for it.
The questioner : I remember evidence, but it is accompanied by permission, like Aisha (may Allah be pleased with her) freeing Barira, but this is as if the Prophet (peace and blessings be upon him) gave her permission.
The Shaykh : You argued against yourself, and praise be to Allah, hehehe, but I remind you of evidence.
The questioner: I sayThe Shaykh : Abdullah preferred the question for others, then he took it.
Another questioner : I participated in what passed, I did not innovate, hehehe, I wanted us to clarify.
The questioner : When the Messenger (peace and blessings be upon him) would encourage Muslims to give charity, women would give charity, for example, with their jewelry, and so on.
The Shaykh : This which you mention is known, but also the answer has preceded it. Do you not remember that we mentioned that if there are hadiths indicating that some women used to dispose of things on their own, I answered with two answers: either this was before the coming of the hadith that says it is not permissible, or it was with prior permission. Even this exists, and praise be to Allah, between me and my wife.
The questioner : Delegation, meaning?
The Shaykh : Yes.
The questioner : Or an open check, as they say today.
The Shaykh : Hehe, an open check.
The Shaykh : Like what?
The questioner : The texts regarding their ownership and disposal of their wealth are general; they own what they own by the texts of the Quran.
The Shaykh : May Allah bless you. We have not denied that she owns it; she is the owner of her wealth, and it is not permissible for anyone else to dispose of her wealth without her permission, whether by gift, grant, or charity. So, if we adopt the aforementioned hadith, that does not mean we have not given the woman ownership of her wealth. No, rather, as a life partner with this husband, she should not act independently in disposing of this wealth, the least of which can be said is that if she dies, the legal heirs inherit it because she is its owner. So, the fact that a woman, may Allah bless you, is the owner of the wealth does not imply that she can dispose of it without her husband's permission. The matter in this is exactly as it is not permissible for a girl to marry herself, but only with the permission of her guardian. So, if her guardian, as sometimes happens, unfortunately, obstructs her, then the legal judge intervenes, takes charge of her matter, and marries her to someone she approves of as a husband, on the condition that he is a suitable match. Likewise, if we assume a woman has wealth and we assume her husband is domineering and tyrannical over her, preventing her from disposing of her wealth in the lawful ways, then she brings her matter to the legal judge, and the problem is solved. In reality, were it not for customs and traditions and some known school-of-thought opinions, on the premise that a woman has absolute freedom to dispose of her wealth, adopting this hadith would be part of organizing marital life, with no problem at all. Especially if we look at women in general, and more specifically if we look at women of the end times today. If they were given freedom to dispose of wealth, they would fall into extravagance, waste, and squandering of money. So what prevents the Messenger (peace be upon him), by revelation from Allah (Blessed and Exalted is He), from looking far ahead and establishing this condition? If the spouses are in agreement, as is assumed, this text will not be a cause of difficulty between them. But if the husband is tyrannical, stubborn, and unjust, then the solution to the problem at that time is like the solution for one who obstructs his daughter.
The questioner : But the claim of prohibition, you know its status, of course, in the Shari'ah.
The Shaykh: Yes.
The questioner : And what it requires of strong evidence, with no objections to it, and so on. So it is not permissible to interpret the hadith as an incorrect action, an action that should not be, which leads to another derivation?!
The Shaykh : We return to say: You, O Arabs, and we are among you, we learn the language from you:
It is not permissible for a woman to dispose of her wealth except with her husband's permission
لا يجوز لامرأة أن تتصرَّف في مالها إلا بإذن زوجهاThe questioner : The hadith conflicts with ownership and with disposal, and women, as you mentioned in your explanation, there are many cases where they used to dispose of things by giving charity, selling, buying, and others, meaning this thing exists.
The Shaykh : No, we are not talking about what exists, but rather about what is missing, which should exist instead of this existing thing.
The questioner : Then, a hadith at this level, its meaning requires that to contradict other texts, it must be at their level. It is known that contradiction occurs in its like, if the accepted is contradicted, as they say.
The Shaykh : You, may Allah bless you, are still, without blame - because I have lived this openly - .
The questioner : We would like to be open.
The Shaykh : May Allah reward you with good, that is the expectation of you. You are still claiming and making the claim the evidence. We want the evidence. The first thing you mentioned was ownership, we said this does not deny ownership from the woman, she owns, but it is not permissible for her to dispose of it except with the consent of her life partner. Where is the evidence that it is permissible for her to dispose of it without her husband's permission?!
The questioner : The texts that came regarding disposals, do they not contradict this?
The Shaykh : This has already been answered, may Allah bless you, it has already been answered.
The questioner : If there is evidence, even just one, to clarify.
Another questioner : It is, but the situation is not the place for it.
The questioner : I remember evidence, but it is accompanied by permission, like Aisha (may Allah be pleased with her) freeing Barira, but this is as if the Prophet (peace and blessings be upon him) gave her permission.
The Shaykh : You argued against yourself, and praise be to Allah, hehehe, but I remind you of evidence.
The questioner: I sayThe Shaykh : Abdullah preferred the question for others, then he took it.
Another questioner : I participated in what passed, I did not innovate, hehehe, I wanted us to clarify.
The questioner : When the Messenger (peace and blessings be upon him) would encourage Muslims to give charity, women would give charity, for example, with their jewelry, and so on.
The Shaykh : This which you mention is known, but also the answer has preceded it. Do you not remember that we mentioned that if there are hadiths indicating that some women used to dispose of things on their own, I answered with two answers: either this was before the coming of the hadith that says it is not permissible, or it was with prior permission. Even this exists, and praise be to Allah, between me and my wife.
The questioner : Delegation, meaning?
The Shaykh : Yes.
The questioner : Or an open check, as they say today.
The Shaykh : Hehe, an open check.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
