If one spouse steals from the other, and we are certain that there is no doubt, is the hand cut off?
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The questioner : Regarding ... .
The Shaykh : Yes.
The questioner : Because the man ... what is sufficient for him.
The Shaykh : Yes, indeed.
The questioner : ... and we know that he ... .
The Shaykh : Yes, the words of the jurists are general, but in reality, we must observe another issue. There is a difference between the husband's wealth being in the same house and it being outside, in the shop or the like. Because its being in the house's wealth involves a type of trust for this wife. But if it is outside, in the shop for example, she is the same as anyone else. So if the husband's wealth is outside, it does not appear to me that there is any doubt in that, provided he has done what is required. For we asked her: Did he neglect maintenance toward you? She said: No, everything is complete. Yes?
The questioner : ... we know that he ... .
The Shaykh : Yes, meaning, whether we know it or not, as long as this cause is considered a doubt, it is the same whether it is realized or not. Because they hold that the operative cause does not require the presence of its wisdom. Allah obligated fasting upon us so that we may fear Allah. Do we fear Allah? Yes, we may not fear Allah. So do we say: If you do not fear Allah, do not fast? Because fasting was legislated for the sake of fearing Allah, and if you do not have fear of Allah, do not fast? Is that so? Or not? Do we say: Fast, whether you fear Allah or not? Yes?
The Shaykh : Yes.
The questioner : Because the man ... what is sufficient for him.
The Shaykh : Yes, indeed.
The questioner : ... and we know that he ... .
The Shaykh : Yes, the words of the jurists are general, but in reality, we must observe another issue. There is a difference between the husband's wealth being in the same house and it being outside, in the shop or the like. Because its being in the house's wealth involves a type of trust for this wife. But if it is outside, in the shop for example, she is the same as anyone else. So if the husband's wealth is outside, it does not appear to me that there is any doubt in that, provided he has done what is required. For we asked her: Did he neglect maintenance toward you? She said: No, everything is complete. Yes?
The questioner : ... we know that he ... .
The Shaykh : Yes, meaning, whether we know it or not, as long as this cause is considered a doubt, it is the same whether it is realized or not. Because they hold that the operative cause does not require the presence of its wisdom. Allah obligated fasting upon us so that we may fear Allah. Do we fear Allah? Yes, we may not fear Allah. So do we say: If you do not fear Allah, do not fast? Because fasting was legislated for the sake of fearing Allah, and if you do not have fear of Allah, do not fast? Is that so? Or not? Do we say: Fast, whether you fear Allah or not? Yes?