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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on a husband taking from his wife's salary

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Shaykh 'Abd al-'Aziz, we previously discussed the topic of women working, and the letters are responding to that topic. One of the problems regarding women's work is this issue described by our sister (S. M. S) from the Eastern Region, Abqaiq. Our sister says: I have been a teacher in the Kingdom for years and I got married. My husband came with me instead of my brother, who used to accompany me first. Allah blessed us with a child, praise be to Allah. My husband started looking for a job suitable for his academic qualifications but was not successful. Finally, he worked in one of the shops in the Eastern Region where we live. Disputes began over household expenses. So I ask Your Eminence, first: Am I required to contribute to the household expenses? Because my husband says: If you do not pay for the household expenses, you have no job at all. Does my husband have a right to the salary I receive for my work? And if I am required to contribute to the household expenses, what is the ratio between me and my husband? Please inform us about these issues, if you would be so kind, Your Eminence?
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance.
As for what follows: This issue, which is the household expenses between a husband and wife who are both away working and seeking a livelihood, requires reconciliation between them and avoiding dispute. As for what is obligatory, this varies and requires detail: If the husband has stipulated to you that the expenses are to be shared between you and him, otherwise he will not allow you to work, then Muslims are bound by their conditions. The Prophet (peace and blessings be upon him) said:
And the Muslims will be held to their conditions, except the conditions that make the lawful unlawful, or the unlawful lawful.المسلمون على شروطهم إلا شرطاً حرم حلالاً أو أحل حراماً
Jami` at-Tirmidhi 1352Sahih (Darussalam)
, and he said (peace and blessings be upon him):
The most worthy conditions to be fulfilled are those by which you make sexual intercourse lawful for yourselves (in marriage).إن أحق الشروط أن يوفى به ما استحللتم به الفروج
Bulugh al-Maram 8:32
. So you are bound by your conditions, if there are conditions between you.
As for if there are no conditions between you, then all the expenses are upon the husband, not upon the wife. He is the one who provides. Allah the Exalted and Majestic said:
Let a man of wealth spend from his wealthلِيُنفِقْ ذُو سَعَةٍ مِنْ سَعَتِهِ
[Al-Talaq: 7]. And the Prophet (peace and blessings be upon him) said:
And upon you is their provision and their clothing in a reasonable manner.وعليكم رزقهن وكسوتهن بالمعروف
. So the financial maintenance is upon the husband. He is the one who attends to the needs of the house and the affairs of the house for himself, his wife, and his children. Her livelihood is for her, and her salary is for her, because it is in return for her work and her effort. He married her on this basis and did not stipulate that the expenses are upon her, or half of them, or something similar. But if he married her on the basis of something, then it is as mentioned previously:
Muslims are bound by their conditionsالمسلمون على شروطهم
.
And if he married you on the condition that you are a teacher and that you work, and he was pleased with that, then he is required to submit to this matter and not dispute any of it. Your salary is for you, except if you allow him to take some of the salary willingly. Allah the Exalted and Majestic says:
But if they give up willingly to you anything of it, then take it in satisfaction and ease.فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًا
[An-Nisa: 4]. It is recommended for you to allow him to take some of it. I advise you to allow your husband to take some of the salary to please him, to resolve the dispute, and to remove the difficulty, so that you may live in peace, comfort, and tranquility. So agree on something between you, such as half of the salary, or a third, or a quarter, or something like that, so that the problems disappear, and so that harmony, comfort, and tranquility replace the dispute.
As for if that is not feasible, there is no harm in resorting to the court and filing the case in the court in the country where you are. What the Sharia court decides is sufficient, if Allah wills. But my advice to you both is reconciliation, avoiding dispute, and not resorting to the court. And that you, the wife, be pleased to give some of the money to your husband so that the difficulty is removed. Or that he allows it and is pleased with what Allah has allotted for him, and provides maintenance according to his capacity, and allows you to keep your entire salary and rises above that. This is what is required between you. But I advise, and I repeat, that you allow him to take some of the salary so that he is pleased, and so that you cooperate with each other in goodness. The house is your house, the children are your children, and the matter is for both of you. So what is required is that you be lenient with some of it so that the difficulty is removed. May Allah guide them all.
The presenter: The woman's time, Your Eminence, is it for her or for her husband? The time?
The Shaykh: The time is for her husband, except if he allows it or married her on that condition. He married her on the condition that she is a teacher or a student, then he must enable her to fulfill her condition.
As for if he did not marry her on this condition, but he allowed her to study, then he has the right to revoke this permission. He has the right to revoke it and prevent her from teaching, except if they agree on something between them, such as agreeing that half of the salary is for the house, or a third of the salary, then there is no harm.
The presenter: May Allah reward you. So the woman does not have the right to hire herself out without her husband's permission?
The Shaykh: Yes, yes. She does not have that right except with his permission, except if that was stipulated for her at the time of the contract, that she studies or that she works such and such, and he committed to that. Then Muslims are bound by their conditions.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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