The Prophet (peace and blessings be upon him) said, “It is not permissible for a woman to spend anything from her wealth without her husband’s permission.” And he commanded them in the hadith to give charity and to increase in seeking forgiveness.
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Al-Halabi: The Prophet (peace and blessings be upon him) said, “It is not permissible for a woman to spend anything from her wealth without her husband’s permission.” And he said in the hadith, “Give charity,” commanding the women to give charity and to increase in seeking forgiveness. And there is the hadith of the woman who commanded or who gave the Prophet (peace and blessings be upon him) a cup of milk. The Prophet (peace and blessings be upon him) said, reconciling these hadiths.
The Shaykh : What did the woman give?
Al-Halabi: A cup of milk. Al-Nawawi (may Allah have mercy on him) stated the permissibility of a woman giving charity from her specific wealth, reconciling these texts. What is the reconciliation of the first hadith with the other hadiths?
The Shaykh : First, I do not recall now the woman offering a cup of water to the Prophet (peace and blessings be upon him), but it is one of the many actions of women established in the Sunnah, so it does not concern us to dwell on it now. Second, how is the reconciliation done? The question is directed to the one who transmitted this from Al-Nawawi’s commentary on Muslim. How is the reconciliation between women’s actions with their wealth and their giving of charity? How is the reconciliation between this and the first hadith? Is this a reconciliation? Or is it a preference and prioritization of one text over another without reconciliation? Does the questioner know the answer?
The Shaykh : Yes?
The questioner : Not present.
The Shaykh : Not present. I say this is not a reconciliation, but rather it entails the negation of the text of the first hadith, which explicitly indicates that it is not permissible for a woman to dispose of her wealth without her husband’s permission. If we want to reconcile this hadith with the other hadiths in which women gave charity on one occasion or another with their wealth, in the presence of the Messenger (peace be upon him) or in his absence, the reconciliation is to say: The reconciliation is from several angles. The first angle: If the texts referred to, or others, were explicit in the woman’s disposal of her wealth without her husband’s permission, and they are not, then that would have been before the prohibition of a woman disposing of her wealth without her husband’s permission. This is because the rulings of the Shari'ah always come gradually, not all at once and suddenly. This is a known matter. And another known matter is that the Shari'ah, when it began with revelation to the Prophet (peace and blessings be upon him and his family), began with the important matters.
He referred it to the Prophet (peace and blessings be upon him and his family). It was begun with the important matters.[Al-Muddaththir 74:1-5] The detailed rulings were not present at the beginning of Islam. Even wine, whose harm is known by observation before the Shari'ah came to prohibit it, the Shari'ah did not rush to prohibit it at the outset. It was not prohibited until after ten years and more in Madinah. So what was the ruling on wine before the prohibition? It was based on the original principle, which is permissibility. So if a hadith comes to us that so-and-so drank wine, we interpret this text as having been drunk in the early period before the prohibition. If a text comes to us that a Companion wore silk in the early period, and so on. So when a text comes prohibiting something, it means that this thing was not originally forbidden, but was permissible based on the original principle. And so we say here that a woman's disposition of her money is the original principle. So when many texts come that women gave charity in the presence of the Messenger, and there is no room here for taking permission from their husbands, the news indicates that the woman disposed of her money without her husband's permission. We say, suppose that is the case, but this disposition was in the early period, the period in which the hadith prohibiting a woman from disposing of her money without her husband's permission had not yet come. This is answer number one. Answer number two, and this is specific to the hadith of women giving charity in the presence of the Messenger (peace and blessings be upon him). Here we say something that may be beautiful, which is that the Prophet (peace and blessings be upon him and his family) is more worthy of the believers than themselves, by the text of the authentic hadith. So if the Messenger ordered them to give charity, and this order was after the Messenger prohibited women from giving charity except with their husbands' permission, then his order takes precedence over the order of the husbands. And this is a very clear answer. There remains answer number three, which includes all dispositions of women in their money in the presence of their Prophet or in his absence (peace and blessings be upon him). That this can be understood in two ways. The first understanding is based on good opinion of the women, which is that they had taken permission from their husbands to dispose of their money within certain limits. For example, give charity with a dirham, a dinar, five, ten, according to the woman's situation, wealth and abundance, or poverty, and the like. This is if we understand the women's disposition in the sense of good opinion, and this is obligatory. It is possible, and here is a point I hope you pay attention to, especially the one in front of me, because we were in a discussion with him previously. This disposition may be from the category of independent legal reasoning (ijtihad) for one who is not qualified for independent legal reasoning. Yes.
So she says: It is true my husband prohibited me, but I see that there is a necessity here, and so on, and there is no room for me to take permission from my husband, so it was an ijtihad on her part, which is naturally wrong, because ijtihad is not permissible in the place of a text. It is not permissible for a woman to exercise ijtihad when her husband has prohibited her from something.
[An-Nisa 4:34] This is the answer regarding this hadith, and thus it becomes clear that the reconciliation is like this, and not by... or invalidating this hadith because of the other hadiths in which women disposed of their wealth, and there is no explicit text that they took permission from their husbands.
Abu Layla: Shaykh, do we pray here or do we go to the mosque?
The Shaykh : Can the adhan (call to prayer) be heard from here naturally?
Another questioner: It cannot be heard except with a speaker.
The Shaykh : “And their affair is by consultation among them.” The best thing is that it becomes chaos, one person speaks and has not been given permission. What is the opinion of the brothers here? Regarding this issue? First, from the Shari'ah perspective...
The Shaykh : What did the woman give?
Al-Halabi: A cup of milk. Al-Nawawi (may Allah have mercy on him) stated the permissibility of a woman giving charity from her specific wealth, reconciling these texts. What is the reconciliation of the first hadith with the other hadiths?
The Shaykh : First, I do not recall now the woman offering a cup of water to the Prophet (peace and blessings be upon him), but it is one of the many actions of women established in the Sunnah, so it does not concern us to dwell on it now. Second, how is the reconciliation done? The question is directed to the one who transmitted this from Al-Nawawi’s commentary on Muslim. How is the reconciliation between women’s actions with their wealth and their giving of charity? How is the reconciliation between this and the first hadith? Is this a reconciliation? Or is it a preference and prioritization of one text over another without reconciliation? Does the questioner know the answer?
The Shaykh : Yes?
The questioner : Not present.
The Shaykh : Not present. I say this is not a reconciliation, but rather it entails the negation of the text of the first hadith, which explicitly indicates that it is not permissible for a woman to dispose of her wealth without her husband’s permission. If we want to reconcile this hadith with the other hadiths in which women gave charity on one occasion or another with their wealth, in the presence of the Messenger (peace be upon him) or in his absence, the reconciliation is to say: The reconciliation is from several angles. The first angle: If the texts referred to, or others, were explicit in the woman’s disposal of her wealth without her husband’s permission, and they are not, then that would have been before the prohibition of a woman disposing of her wealth without her husband’s permission. This is because the rulings of the Shari'ah always come gradually, not all at once and suddenly. This is a known matter. And another known matter is that the Shari'ah, when it began with revelation to the Prophet (peace and blessings be upon him and his family), began with the important matters.
He referred it to the Prophet (peace and blessings be upon him and his family). It was begun with the important matters.
(1) O you who covers himself [with a garment], (2) Arise and warn (3) And your Lord glorify (4) And your clothing purify (5) And uncleanliness avoid
يا أيها المدثر قم فأنذر وربك فكبر و ثيابك فطهر و الرجز فاهجرSo she says: It is true my husband prohibited me, but I see that there is a necessity here, and so on, and there is no room for me to take permission from my husband, so it was an ijtihad on her part, which is naturally wrong, because ijtihad is not permissible in the place of a text. It is not permissible for a woman to exercise ijtihad when her husband has prohibited her from something.
Men are in charge of women by [right of] what Allah has given one over the other
و الرجال قوامون على النساء بما فضل الله بعضهم على بعضAbu Layla: Shaykh, do we pray here or do we go to the mosque?
The Shaykh : Can the adhan (call to prayer) be heard from here naturally?
Another questioner: It cannot be heard except with a speaker.
The Shaykh : “And their affair is by consultation among them.” The best thing is that it becomes chaos, one person speaks and has not been given permission. What is the opinion of the brothers here? Regarding this issue? First, from the Shari'ah perspective...