Discussion of the fifth instance where backbiting is permissible, namely the one seeking a legal ruling, and the presentation of evidence for this from the hadith of Hind (may Allah be pleased with her).

The Shaykh : The fifth type: after he said, "and openly committing open sinfulness," he said, "and one seeking a legal ruling." This is the fifth category of backbiting that is exempted from prohibition. The one seeking a legal ruling has many examples, cases, and types. A man comes to a scholar and says, "My wife does such and such..." or a woman comes to a scholar and says, "My husband does such and such," and each describes the other with words of 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 a miser, a stingy man, 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: This is the hadith, and the point here is not the exhortation, but rather what is appropriate to what we are 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 in the context of seeking a legal ruling. So, "My husband is stingy; he is not fulfilling the obligation of maintenance for us. Is it permissible for me to take from his wealth without his knowledge or awareness?" He told her it is permissible, but with one condition, or rather two conditions. The first condition is 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 "in a customary manner," 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 more than what suffices you and your child... 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 path of seeking a legal ruling. "My husband is a stingy man." If the Messenger said, "Since that is the case, take what suffices you and your child in a customary manner."