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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The fifth instance of the permissibility of backbiting, which is the one seeking a ruling, and the mention of the evidence for it from the hadith of Hind (may Allah be pleased with her).

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The Shaykh : ... Excuse me, the fifth type. After he said: "And one who commits open sinfulness," he said: "And one who seeks a ruling."
This is the fifth category of backbiting that is exempted from prohibition, "and one who seeks a ruling." The one seeking a ruling has many examples, cases, and types. A man comes to a scholar and says: "My wife does such and such and such; what is the ruling?" Or a woman comes to a scholar and says: "My husband does such and such." Each of them describes the other with a description that constitutes backbiting. Is this permissible or forbidden? This is permissible; indeed, it is exempted from forbidden backbiting. The evidence for this is the story of Hind when she came to the Messenger (peace and blessings be upon him) and said: "O Messenger of Allah, my husband is a stingy man," like saying "we sting him," a stingy man; meaning: miserly; meaning he is not fulfilling his obligations toward his wife and children. "Is it permissible for me to take from his wealth what suffices me and my children?" He (peace be upon him) said:
Take from his wealth what suffices you and your child in a customary manner خُذِي من ماله ما يكفيكِ أنتِ وولدَك بالمعروف
.
This is the hadith, and the discussion of it is only to the extent that suits what we are currently discussing, which is the woman's statement: "My husband is stingy." How did the Messenger remain silent about this backbiting? Because it was backbiting that came on the occasion of seeking a ruling. So, my husband is miserly and is not fulfilling the obligation of providing for us; is it permissible for me to take from his wealth without his awareness and knowledge? He told her: It is permissible, but with one condition, or rather two conditions. The first condition is implied; as if he is telling her: If you are truthful that he is stingy, and that he is not fulfilling the right of maintenance; then it is permissible for you to take from his wealth what suffices you and your child, but with the condition of what is customary; meaning what is customarily known to be sufficient for the amount you take. As if the Messenger (peace and blessings be upon him) is telling her: Do not exploit the Shari'ah's permission for you to take from the wealth of your stingy husband who is neglecting the right of maintenance for you and your children. Do not exploit the Shari'ah's permission for you to take what suffices you and your child, and then take more and leave nothing... for the man, and say: "All of this went to your benefit." No, take from his wealth what suffices you and your child in a customary manner.
This is an example of what indicates the permissibility of backbiting in the context of seeking a ruling: "My husband is a stingy man." So the Messenger said: Since that is the case, take what suffices you and your child in a customary manner.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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