Explanation of the words of Imam al-Nawawi (may Allah have mercy on him) regarding what he quoted: "
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
The author (may Allah have mercy on him) said, regarding what he quoted from Abu Hurayrah (may Allah be pleased with him): That the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 5195.
This is among the rights of the husband over his wife: it is not permissible for her to fast without his permission as long as he is present in the town. However, if he is absent, she may fast as much as she wishes. But if he is in the town, she should not fast.
The apparent meaning of the hadith is that she should not fast, whether obligatory or voluntary, without his permission. As for voluntary fasting, it is clear that she should not fast without his permission, because the husband's right over her is obligatory, while voluntary fasting is an act of devotion. She does not sin by leaving off voluntary fasting, but she does sin by neglecting the husband's right. This is because the husband may need to enjoy her company. If she is fasting and he wants to enjoy her, he will feel discomfort. Otherwise, he is allowed to enjoy her and have intercourse with her while she is fasting a voluntary fast, even if he did not give permission beforehand, and even if he invalidates her fast, he bears no sin for it.
But it is known that he will feel discomfort in his heart. For this reason, the Prophet (peace and blessings be upon him) said:Sahih Ibn Hibban 16:144.
As for obligatory fasting, if there remains in the year a period longer than what is required of her, it is not permissible for her to fast without her husband's permission if he is present. For example, if she owes ten days from Ramadan, and it is now Rajab, and she says, "I want to fast to make up the missed days," we say: Do not fast to make up the missed days without your husband's permission, because you have ample time. The time is wide. However, if ten days remain in Sha'ban, she may fast even if he does not give permission, because it is not permissible for a person who owes making up days from Ramadan to delay them until the second Ramadan. In that case, she would be doing something obligatory, a fard in the religion, and the husband's permission or anyone else's is not required for this.
So, a woman's fasting involves a distinction: As for voluntary fasting, it is not permissible except with the husband's permission. As for obligatory fasting, if there is ample time, it is not permissible except with the husband's permission. If there is not enough time except for the amount of fasting she owes, then the husband's permission is not required. This is if he is present. If he is absent, she may fast.
Is prayer like fasting? It is possible that prayer is like fasting, in that she should not perform voluntary prayer without his permission. It is also possible that it is not like fasting, because the time for prayer is short, unlike fasting. Fasting lasts the whole day, but prayer is not like that. Voluntary prayer is two rak'ahs, and it is known that for obligatory prayer, his permission is not required.
The apparent view is that prayer is not like fasting. She may pray even if her husband is present, unless he prevents her and says, "I need to enjoy your company. Do not pray the Duha prayer, for example. Do not perform Tahajjud at night; I need to enjoy your company."
However, it is not permissible for the husband to deprive his wife of good, unless there is a need, such as if his desire is aroused and he cannot restrain himself. Otherwise, he should be a helper to her in obeying Allah and doing good, because he will be rewarded for that, just as she will be rewarded.
As for allowing someone into his house without his permission, the meaning is clear. It is not permissible for her to allow anyone into his house without his permission. But permission to allow entry into the house is of two types:
Permission by custom: meaning, what has become customary, such as the entry of the neighbor's women, close relatives, and the like, as well as companions and colleagues. This has become customary, and the husband gives permission for it. So she may allow them to enter, unless he prevents it and says, "Do not allow So-and-So to enter you." In that case, prevention is obligatory; she must not allow her to enter.
The second type of permission is verbal permission, where he says to her: "Allow whoever you wish to enter, and there is no harm for you, except for one from whom you see harm, then do not allow him to enter." In this case, the matter is restricted by his permission.
In this is evidence that the husband has authority over his house. He may prevent even his wife's mother if he wishes to prevent her, and even her sister, her maternal aunt, and her paternal aunt. But he should not prevent these women unless there is harm to him, because some women, may Allah protect us from that, do not have good in them; they become a harm to their daughter and her husband. They come to their daughter and fill her with enmity between her and her husband, until she hates her husband. Such a mother should not maintain contact with her daughter, because she spoils her relationship with her husband. She is like the sorcerers, may Allah protect us from that, who learn what they use to separate a man from his wife. And success is from Allah.
The author (may Allah have mercy on him) said, regarding what he quoted from Abu Hurayrah (may Allah be pleased with him): That the Prophet (peace and blessings be upon him) said:
It is not lawful for a lady to fast (Nawafil) without the permission of her husband when he is at home; and she should not allow anyone to enter his house except with his permission
لا يحل لامرأة أن تصوم وزوجها شاهد إلا بإذنه، ولا تأذن في بيته إلا بإذنهThis is among the rights of the husband over his wife: it is not permissible for her to fast without his permission as long as he is present in the town. However, if he is absent, she may fast as much as she wishes. But if he is in the town, she should not fast.
The apparent meaning of the hadith is that she should not fast, whether obligatory or voluntary, without his permission. As for voluntary fasting, it is clear that she should not fast without his permission, because the husband's right over her is obligatory, while voluntary fasting is an act of devotion. She does not sin by leaving off voluntary fasting, but she does sin by neglecting the husband's right. This is because the husband may need to enjoy her company. If she is fasting and he wants to enjoy her, he will feel discomfort. Otherwise, he is allowed to enjoy her and have intercourse with her while she is fasting a voluntary fast, even if he did not give permission beforehand, and even if he invalidates her fast, he bears no sin for it.
But it is known that he will feel discomfort in his heart. For this reason, the Prophet (peace and blessings be upon him) said:
It is not permissible for a woman to fast while her husband is present except with his permission.
لا يحل لامرأة أن تصوم وزوجها شاهد إلا بإذنهAs for obligatory fasting, if there remains in the year a period longer than what is required of her, it is not permissible for her to fast without her husband's permission if he is present. For example, if she owes ten days from Ramadan, and it is now Rajab, and she says, "I want to fast to make up the missed days," we say: Do not fast to make up the missed days without your husband's permission, because you have ample time. The time is wide. However, if ten days remain in Sha'ban, she may fast even if he does not give permission, because it is not permissible for a person who owes making up days from Ramadan to delay them until the second Ramadan. In that case, she would be doing something obligatory, a fard in the religion, and the husband's permission or anyone else's is not required for this.
So, a woman's fasting involves a distinction: As for voluntary fasting, it is not permissible except with the husband's permission. As for obligatory fasting, if there is ample time, it is not permissible except with the husband's permission. If there is not enough time except for the amount of fasting she owes, then the husband's permission is not required. This is if he is present. If he is absent, she may fast.
Is prayer like fasting? It is possible that prayer is like fasting, in that she should not perform voluntary prayer without his permission. It is also possible that it is not like fasting, because the time for prayer is short, unlike fasting. Fasting lasts the whole day, but prayer is not like that. Voluntary prayer is two rak'ahs, and it is known that for obligatory prayer, his permission is not required.
The apparent view is that prayer is not like fasting. She may pray even if her husband is present, unless he prevents her and says, "I need to enjoy your company. Do not pray the Duha prayer, for example. Do not perform Tahajjud at night; I need to enjoy your company."
However, it is not permissible for the husband to deprive his wife of good, unless there is a need, such as if his desire is aroused and he cannot restrain himself. Otherwise, he should be a helper to her in obeying Allah and doing good, because he will be rewarded for that, just as she will be rewarded.
As for allowing someone into his house without his permission, the meaning is clear. It is not permissible for her to allow anyone into his house without his permission. But permission to allow entry into the house is of two types:
Permission by custom: meaning, what has become customary, such as the entry of the neighbor's women, close relatives, and the like, as well as companions and colleagues. This has become customary, and the husband gives permission for it. So she may allow them to enter, unless he prevents it and says, "Do not allow So-and-So to enter you." In that case, prevention is obligatory; she must not allow her to enter.
The second type of permission is verbal permission, where he says to her: "Allow whoever you wish to enter, and there is no harm for you, except for one from whom you see harm, then do not allow him to enter." In this case, the matter is restricted by his permission.
In this is evidence that the husband has authority over his house. He may prevent even his wife's mother if he wishes to prevent her, and even her sister, her maternal aunt, and her paternal aunt. But he should not prevent these women unless there is harm to him, because some women, may Allah protect us from that, do not have good in them; they become a harm to their daughter and her husband. They come to their daughter and fill her with enmity between her and her husband, until she hates her husband. Such a mother should not maintain contact with her daughter, because she spoils her relationship with her husband. She is like the sorcerers, may Allah protect us from that, who learn what they use to separate a man from his wife. And success is from Allah.