The ruling on one who swears by the forbidden that he will not take money from his wife
Machine translationRead the Arabic original
Question:
The questioner says, O Shaykh: A quarrel occurred between me and my husband, and he swore by the forbidden that he would not take any amount of money from me. But my husband—she says—is in need. So should I give him money to work with if he needs it, and he pays me profits, with him having half the profit and me having the other half, or whatever we agree upon?
Answer:
There is no harm in giving him money for a profit-sharing partnership (mudarabah) based on the text, or for a third or a quarter; there is no harm. You have half the profit, or a third of the profit, or more, or less; there is no blame in that. This is called a profit-sharing partnership (mudarabah). As for his prohibition, if his intention is that he does not accept a gift from you, this is not a gift; this is a partnership transaction, so there is no blame on him.
However, if his intention is that he does not accept a gift from you, nor a profit-sharing partnership, nor any favor, then he owes an oath expiation (kaffarah) for his prohibition. An oath expiation is feeding ten poor people, or clothing them; because prohibiting something that Allah has made lawful is like an oath, unless he intended to prohibit his wife, in which case it has the ruling of zihar. But if he intended to prohibit the thing, i.e., money, or clothing, or housing, or speech, then its ruling is the ruling of an oath. Yes.
The presenter : May Allah reward you with good.
The questioner says, O Shaykh: A quarrel occurred between me and my husband, and he swore by the forbidden that he would not take any amount of money from me. But my husband—she says—is in need. So should I give him money to work with if he needs it, and he pays me profits, with him having half the profit and me having the other half, or whatever we agree upon?
Answer:
There is no harm in giving him money for a profit-sharing partnership (mudarabah) based on the text, or for a third or a quarter; there is no harm. You have half the profit, or a third of the profit, or more, or less; there is no blame in that. This is called a profit-sharing partnership (mudarabah). As for his prohibition, if his intention is that he does not accept a gift from you, this is not a gift; this is a partnership transaction, so there is no blame on him.
However, if his intention is that he does not accept a gift from you, nor a profit-sharing partnership, nor any favor, then he owes an oath expiation (kaffarah) for his prohibition. An oath expiation is feeding ten poor people, or clothing them; because prohibiting something that Allah has made lawful is like an oath, unless he intended to prohibit his wife, in which case it has the ruling of zihar. But if he intended to prohibit the thing, i.e., money, or clothing, or housing, or speech, then its ruling is the ruling of an oath. Yes.
The presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
