If the wife's father conditions that the wife work and be employed, is the husband obligated to fulfill the condition if her work results in harm?
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The questioner : Does the wife's father, if he conditions the husband to have the daughter work, and after consummation...
The Shaykh : And what does "the daughter working" mean?
The questioner : The wife working.
The Shaykh : What does it mean, what does her working mean?
The questioner : It means that she works.
The Shaykh : That she works, meaning she is an employee, for example.
The questioner : She is an employee, yes.
The Shaykh : Very well.
The questioner : Especially in a mixed society.
The Shaykh : Yes.
The questioner : Is the husband obligated to fulfill the condition if there is harm in it?
The Shaykh : If the wife's father conditions the husband at the time of the contract that he keep the wife working, he must fulfill the condition, based on the saying of Allah the Exalted:[Al-Ma'idah 5:1] The command to fulfill contracts includes fulfilling the original contract and its conditions, and based on His saying the Exalted: [Al-Isra 17:34] But if the husband and wife agree that she leave work and occupy herself in her husband's house with her children, the father has no authority over them.
The questioner : If it is a mixed society?
The Shaykh : He is committed and knows that it is mixed; it is not something strange to him. The point is that now the right belongs to the wife; if she is willing to leave work, the father has no authority over her and cannot force her to work, yes.
The Shaykh : And what does "the daughter working" mean?
The questioner : The wife working.
The Shaykh : What does it mean, what does her working mean?
The questioner : It means that she works.
The Shaykh : That she works, meaning she is an employee, for example.
The questioner : She is an employee, yes.
The Shaykh : Very well.
The questioner : Especially in a mixed society.
The Shaykh : Yes.
The questioner : Is the husband obligated to fulfill the condition if there is harm in it?
The Shaykh : If the wife's father conditions the husband at the time of the contract that he keep the wife working, he must fulfill the condition, based on the saying of Allah the Exalted:
O you who have believed, fulfill [all] contracts.
يا أيها الذين آمنوا أوفوا بالعقودAnd fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.
وأوفوا بالعهد إن العهد كان مسؤولًاThe questioner : If it is a mixed society?
The Shaykh : He is committed and knows that it is mixed; it is not something strange to him. The point is that now the right belongs to the wife; if she is willing to leave work, the father has no authority over her and cannot force her to work, yes.
