What is the ruling on employing a maid out of necessity, and is it permissible to keep her in the house (meaning she stays overnight)?
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The questioner : Shaykh, I have gathered a few questions for you.
The Shaykh : Yes, but I will convince you to ask just one question right now, because we have some guests, and this is my excuse, and an excuse is acceptable among honorable people.
The questioner : Fine, I will take the question that matters to me.
The Shaykh : Yes, well done.
The questioner : Fine, regarding the maid, I was compelled to bring in a maid.
The Shaykh : May Allah preserve you.
The questioner : Yes?
The Shaykh : May Allah preserve you.
The questioner : May Allah reward you with good. Did you hear me, Shaykh?
The Shaykh : Yes, yes, you said you were compelled to bring in a maid, and you said maid.
The questioner : No, I did not decide.
The Shaykh : You said you were compelled.
The questioner : Yes, yes.
The Shaykh : That is how I say it.
The questioner : Is the maid from the country, or was she brought in from abroad?
The Shaykh : Yes, exactly.
The questioner : She is of Black descent, meaning one of the Africans we have in our country, and my wife is in a very difficult state, and no one is looking after my children.
The Shaykh : May Allah keep her safe.
The questioner : May Allah accept it. So the question is, is it permissible for her to stay overnight in our house? I am hesitant about this matter because I did not find a woman who would come during the day and leave at night.
The Shaykh : Is she from your country?
The questioner : She is from the country, yes, from Ta'if.
The Shaykh: Okay
The questioner : From the Africans?
The Shaykh : And she is wearing the hijab.
The questioner : I do not look at her at all, I do not see her.
The Shaykh : How do you not see her?
The questioner : I do not look at her?
The Shaykh : My brother, does she not serve in your house?
The questioner : Yes.
The Shaykh : Fine, is it not possible that you see her?
The questioner : No, it is not possible that I see her.
The Shaykh : By Allah, if I accept what you say for the sake of argument, the answer is that it is permissible for her to stay overnight with you. But you know that a fatwa is based on the text, and I do not imagine a house like my house or the house you came to me in where there is a man and a maid serving, and it is impossible that he sees her at all. This is almost impossible. But based on what you say, I tell you it is permissible for her to stay overnight with you, as long as you do not see her, and this is your responsibility. As for me, I advise you not to bring her in, and I advise you to marry another wife, and by doing so you will avoid falling into a violation of the Shari'ah.
The questioner: Yes.
The Shaykh : There is a man in it and a servant who serves him, and it is impossible for him to see her at all. This is almost impossible, but based on what you say, I tell you that it is permissible for her to stay overnight with you, as long as you do not see her, and this is at your own responsibility. As for me, I advise you not to bring her in, and I advise you to marry another wife, so that you avoid falling into a violation of the Shari'ah.
The questioner: Yes.
The Shaykh : And then I remind you of something we learned from his (peace and blessings be upon him) way, and this is something you know, it is just a reminder. The wise Lawgiver forbade some things not because they are harmful in themselves, but because they lead to harm later. So you may think that you do not see this maid during her entire stay with you, but this may go on with you for a day, two days, a week, two weeks, a month, two months, but after that you will be compelled to see her, and she will see you, and perhaps you will sit next to her and with her, and so on. Because evil, as it was said long ago, most of the fire comes from the smallest sparks. So the first of the rain is drops, then it pours down. And so the Messenger (peace and blessings be upon him) forbade the deliberate glance and said: to the end of the hadith. And for that reason, I do not advise you to bring in this maid, but I advise you to marry and to increase the blackness of the Ummah of Muhammad (peace and blessings be upon him and his family), especially since you are excused, because some people today do not see the legitimacy of plural marriage except for someone who is in a state of necessity like yours due to your wife's illness. But the matter is broader than that, and from the way of the Salaf is that they married more than one woman. And even if I am not encouraging everyone to marry a second or third wife due to the corruption of the time, the corruption of men and women, and so on, but as long as your situation is like this, it is better for you not to bring in the maid and to marry another woman. This is my advice to you, and may Allah guide us and you.
The questioner : ... Do I have some clarifications and explanations for my question?
The Shaykh: Go ahead.
The questioner : When I said my wife is sick, she is not continuously sick, she is in a state of childbirth.
The Shaykh : If so, this obligates you not to bring in the maid.
The Shaykh : Yes.
The Shaykh : If so, this obligates you not to bring in the maid.
The questioner : I understood your intention.
The Shaykh: All right.
The questioner : First, I do not have the means for marriage, that is first. Second, this is a temporary matter... this matter, trust completely that I do not see her. You say it is not possible that I do not see you, and her service is not general like bringing food, setting the table, washing dishes, and so on, but rather it is matters specific to women's affairs. As for the rest of the food, that is prepared by my wife according to her ability and capacity.
The Shaykh : Does she not want to live with your wife?
The questioner : It is.
The Shaykh : Ah, she does.
The questioner : Yes, she lives with her.
The Shaykh : Fine, when I tell you that you enter your wife's room, do you need to ask permission?
The questioner: Yes.
The Shaykh : And when asking permission, does she leave or not?
The questioner : She will be in a separate room, and I will be in a separate part of the house.
The Shaykh : As I told you earlier, in any case, I will not prolong the conversation with you. This will happen at first, but with time, things become easy and customary. This is a known matter, it is from the nature of people. You know your own benefit better in any case, but I do not advise you.
The questioner : May Allah reward you with good and may Allah bless you.
The Shaykh : And may He reward you.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah and His blessings.
Another questioner : Shaykh, the end of the hadith, its answer is...
The Shaykh : The way... yes.
The Shaykh : Yes, but I will convince you to ask just one question right now, because we have some guests, and this is my excuse, and an excuse is acceptable among honorable people.
The questioner : Fine, I will take the question that matters to me.
The Shaykh : Yes, well done.
The questioner : Fine, regarding the maid, I was compelled to bring in a maid.
The Shaykh : May Allah preserve you.
The questioner : Yes?
The Shaykh : May Allah preserve you.
The questioner : May Allah reward you with good. Did you hear me, Shaykh?
The Shaykh : Yes, yes, you said you were compelled to bring in a maid, and you said maid.
The questioner : No, I did not decide.
The Shaykh : You said you were compelled.
The questioner : Yes, yes.
The Shaykh : That is how I say it.
The questioner : Is the maid from the country, or was she brought in from abroad?
The Shaykh : Yes, exactly.
The questioner : She is of Black descent, meaning one of the Africans we have in our country, and my wife is in a very difficult state, and no one is looking after my children.
The Shaykh : May Allah keep her safe.
The questioner : May Allah accept it. So the question is, is it permissible for her to stay overnight in our house? I am hesitant about this matter because I did not find a woman who would come during the day and leave at night.
The Shaykh : Is she from your country?
The questioner : She is from the country, yes, from Ta'if.
The Shaykh: Okay
The questioner : From the Africans?
The Shaykh : And she is wearing the hijab.
The questioner : I do not look at her at all, I do not see her.
The Shaykh : How do you not see her?
The questioner : I do not look at her?
The Shaykh : My brother, does she not serve in your house?
The questioner : Yes.
The Shaykh : Fine, is it not possible that you see her?
The questioner : No, it is not possible that I see her.
The Shaykh : By Allah, if I accept what you say for the sake of argument, the answer is that it is permissible for her to stay overnight with you. But you know that a fatwa is based on the text, and I do not imagine a house like my house or the house you came to me in where there is a man and a maid serving, and it is impossible that he sees her at all. This is almost impossible. But based on what you say, I tell you it is permissible for her to stay overnight with you, as long as you do not see her, and this is your responsibility. As for me, I advise you not to bring her in, and I advise you to marry another wife, and by doing so you will avoid falling into a violation of the Shari'ah.
The questioner: Yes.
The Shaykh : There is a man in it and a servant who serves him, and it is impossible for him to see her at all. This is almost impossible, but based on what you say, I tell you that it is permissible for her to stay overnight with you, as long as you do not see her, and this is at your own responsibility. As for me, I advise you not to bring her in, and I advise you to marry another wife, so that you avoid falling into a violation of the Shari'ah.
The questioner: Yes.
The Shaykh : And then I remind you of something we learned from his (peace and blessings be upon him) way, and this is something you know, it is just a reminder.
and the reminder benefits the believers
و الذكرى تنفع المؤمنينIt is written for the son of Adam his share of adultery, and he will surely reach it. The eye commits adultery, and its adultery is the look.
كتب على ابن آدم حظه من الزنا وهو مدركه لا محالة فالعين تزني وزناها النظرThe questioner : ... Do I have some clarifications and explanations for my question?
The Shaykh: Go ahead.
The questioner : When I said my wife is sick, she is not continuously sick, she is in a state of childbirth.
The Shaykh : If so, this obligates you not to bring in the maid.
The Shaykh : Yes.
The Shaykh : If so, this obligates you not to bring in the maid.
The questioner : I understood your intention.
The Shaykh: All right.
The questioner : First, I do not have the means for marriage, that is first. Second, this is a temporary matter... this matter, trust completely that I do not see her. You say it is not possible that I do not see you, and her service is not general like bringing food, setting the table, washing dishes, and so on, but rather it is matters specific to women's affairs. As for the rest of the food, that is prepared by my wife according to her ability and capacity.
The Shaykh : Does she not want to live with your wife?
The questioner : It is.
The Shaykh : Ah, she does.
The questioner : Yes, she lives with her.
The Shaykh : Fine, when I tell you that you enter your wife's room, do you need to ask permission?
The questioner: Yes.
The Shaykh : And when asking permission, does she leave or not?
The questioner : She will be in a separate room, and I will be in a separate part of the house.
The Shaykh : As I told you earlier, in any case, I will not prolong the conversation with you. This will happen at first, but with time, things become easy and customary. This is a known matter, it is from the nature of people. You know your own benefit better in any case, but I do not advise you.
The questioner : May Allah reward you with good and may Allah bless you.
The Shaykh : And may He reward you.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah and His blessings.
Another questioner : Shaykh, the end of the hadith, its answer is...
The Shaykh : The way... yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.