Is it permissible for a woman to dispose of her wealth without her husband's permission, such as giving charity from it?
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The questioner : Is it permissible for a woman to dispose of her wealth without her husband's permission, such as giving charity from it? And if a woman knows in advance that her husband does not approve of her disposing of her wealth, even if it is for charity, and likewise if she disposes of her jewelry which she bought with her own money without his permission, what is the ruling?
The Shaykh : The ruling is clear in this matter, and it is his saying (peace and blessings be upon him):Sunan Ibn Majah 2388Sahih (Darussalam) This topic was raised during this journey of mine in the gathering of one of our brothers in Riyadh, where some of the distinguished sheikhs raised it. The question was directed regarding this hadith, so I answered that it is authentic, good in itself, and authentic due to its various routes. And anything that is thought to contradict this hadith is not valid to rely upon or to claim that it contradicts the hadith. We referred to the hadith of women giving charity in rings and earrings and the like, as in the authentic collections. This is answered from many angles, among which is: it is possible that that charity was with the permission of the husband, from the wives to their husbands. It is also possible that it was after this ruling that came in the first hadith had become established. Therefore, we advise every Muslim woman who is committed to acting according to the Book and the Sunnah not to dispose of her wealth without her husband's permission, because that becomes a cause and reason for stirring up disputes between the spouses, and the outcome of that may be very bad.
And if there is a husband—and I said this in the same gathering—we can imagine a tyrannical, stubborn, unjust husband toward his wife. She can take her case to the Shari'ah court. Especially since the Shari'ah court today is for the women, and more specifically in this issue, they all issue fatwas that a woman can dispose of her wealth without her husband's permission. If she takes the matter to the court and the judge rules that this is an encroachment by the husband on the wife, preventing her from disposing of her wealth, except if the husband sees that she is extravagant. In that case, the judge will prevent her. Even if he adopts the view that the original ruling in this issue is permissibility and the ability to dispose, he will not allow her to dispose in a way that leads her to extravagance and squandering of money. Yes.
The questioner : Shaykh, what is the indication of the verse in Surah al-Nisa?
The Shaykh : Yes?
The questioner : The verse in Surah al-Nisa[An-Nisa 4:4] The saying of Allah, Glorified and Exalted is He: [An-Nisa 4:4] This means that the apparent meaning of the verse is that it is the wife's property, and she is free to dispose of it.
The Shaykh : Glory be to Allah, it is as if you graduated from the same school. The issue is not that this wealth is the woman's property; it is hers, and if she dies, her heirs inherit it. The issue is not here. But is it permissible for her to dispose of what is owned by her in such a way that she possesses it as a man possesses it? The issue is that it is not permissible for her to dispose of her wealth, her wealth, except with her husband's permission.
The questioner : Shaykh, the hadith of Zaynab.
The Shaykh : No problem, one by one. The verse, why did you open it and return to it?
We did not deny that she has the right to what? Ownership. And she can give from her wealth willingly to her husband. If the verse related to any person, it could have been an answer that she can dispose as she wishes. But she disposes with her husband. What is the hadith?
The questioner : The hadith of Zaynab (may Allah be pleased with her) with her husband Abdullah ibn Mas'ud (may Allah be pleased with him). She went to the Prophet (peace and blessings be upon him) to seek his ruling, meaning, is it permissible for her to give charity to others, or does she give charity to Abdullah so that she gets more reward?
The Shaykh : Yes, I do.
The questioner : So the Prophet (peace and blessings be upon him) ruled for her to give charity to Abdullah.
The Shaykh : We ask you now, is this charity obligatory or voluntary?
The questioner : The voluntary prayer.
The Shaykh : No, it is obligatory.
The questioner : The obligatory one, yes.
The Shaykh : Yes, may Allah forgive you.
The Shaykh : The ruling is clear in this matter, and it is his saying (peace and blessings be upon him):
It is not permissible for a woman to dispose of her wealth except with her husband's permission
لا يجوز لامرأة أن تتصرف في مالها إلا بإذن زوجهاAnd if there is a husband—and I said this in the same gathering—we can imagine a tyrannical, stubborn, unjust husband toward his wife. She can take her case to the Shari'ah court. Especially since the Shari'ah court today is for the women, and more specifically in this issue, they all issue fatwas that a woman can dispose of her wealth without her husband's permission. If she takes the matter to the court and the judge rules that this is an encroachment by the husband on the wife, preventing her from disposing of her wealth, except if the husband sees that she is extravagant. In that case, the judge will prevent her. Even if he adopts the view that the original ruling in this issue is permissibility and the ability to dispose, he will not allow her to dispose in a way that leads her to extravagance and squandering of money. Yes.
The questioner : Shaykh, what is the indication of the verse in Surah al-Nisa?
The Shaykh : Yes?
The questioner : The verse in Surah al-Nisa
But if they give up willingly to you
فإن طبن لكمBut if they give up willingly to you anything of it, then take it in satisfaction and ease.
فإن طبن لكم عن شيء منه نفساً فكلوه هنيئاً مريئاًThe Shaykh : Glory be to Allah, it is as if you graduated from the same school. The issue is not that this wealth is the woman's property; it is hers, and if she dies, her heirs inherit it. The issue is not here. But is it permissible for her to dispose of what is owned by her in such a way that she possesses it as a man possesses it? The issue is that it is not permissible for her to dispose of her wealth, her wealth, except with her husband's permission.
The questioner : Shaykh, the hadith of Zaynab.
The Shaykh : No problem, one by one. The verse, why did you open it and return to it?
We did not deny that she has the right to what? Ownership. And she can give from her wealth willingly to her husband. If the verse related to any person, it could have been an answer that she can dispose as she wishes. But she disposes with her husband. What is the hadith?
The questioner : The hadith of Zaynab (may Allah be pleased with her) with her husband Abdullah ibn Mas'ud (may Allah be pleased with him). She went to the Prophet (peace and blessings be upon him) to seek his ruling, meaning, is it permissible for her to give charity to others, or does she give charity to Abdullah so that she gets more reward?
The Shaykh : Yes, I do.
The questioner : So the Prophet (peace and blessings be upon him) ruled for her to give charity to Abdullah.
The Shaykh : We ask you now, is this charity obligatory or voluntary?
The questioner : The voluntary prayer.
The Shaykh : No, it is obligatory.
The questioner : The obligatory one, yes.
The Shaykh : Yes, may Allah forgive you.