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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible for a woman to stipulate in the proposal that a maid be provided for her? We request clarification on the matter of maids: when is that permissible?

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The questioner : Some women stipulate to their husband at the time of the proposal that he provide a maid for her. Is this condition permissible? We request clarification on the matter of maids: when is that permissible? What is the need that makes it permissible? Is this condition binding or not? Also, regarding the condition of teaching, if a person knows that this condition may be a cause for the annulment of their marriage in the future?

The Shaykh : It is established in the authentic hadith from the Prophet (peace and blessings be upon him) that he said:
The most deserving of conditions to be fulfilled are those by which you have made lawful the private parts. إن أحق الشروط أن توفوا به ما استحللتم من الفروج
As-Sunan al-Kubra lil-Nasa'i 66:9
. And it is known that fulfilling the conditions mentioned in contracts is obligatory, by the saying of Allah the Exalted:
O you who have believed, fulfill [all] contracts. يا أيها الذين آمنوا أوفوا بالعقود
[Al-Ma'idah 5:1]
, and by His saying:
And fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned. وأوفوا بالعهد إن العهد كان مسئولا
[Al-Isra 17:34]
. So if a woman stipulates conditions to the husband that are not prohibited by the Shari'ah, it is obligatory for him to fulfill them. If he does not fulfill them, she has the right to annul the marriage, meaning the matter is in her hand. This includes if she stipulates that she remain a teacher or that she remain a student, and he commits to this condition, then it is obligatory for him to fulfill it, and it is not permissible for him to leave fulfilling it. If he leaves fulfilling it and she desires annulment, she has the right of annulment because the condition was lost for her. As for what concerns the maid, I do not prefer bringing in maids except in case of dire necessity. So if there is dire necessity, there is no harm in bringing in a maid, but it must be noted that it is necessary for her mahram to be present with her, by the saying of the Prophet (peace and blessings be upon him):
A woman should not travel except with a mahram لا تسافر امرأة إلا مع ذي محرم
Musannaf Ibn Abi Shaybah 9:2565
. If the owner of the house says, "What do I do with her mahram? I have no work for him," we say: it is possible that he serves you in the house by buying daily necessities or otherwise. And it is possible to let him earn a living himself, and he will obtain good for you and for him. The important thing is that the maid does not come except with her mahram. Yes.
Source alathar.net

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

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