Monday 10 October 2011

Can she give charity from her housekeeping money without her husband’s knowledge?

 

My husband gives me some money for myself and my daughters every month, and I set aside a certain amount for charity without consulting him. Is it permissible to do this or do I have to consult him and ask him if he agrees to me giving this money in charity or not?.

Praise be to Allaah.

There is
nothing wrong with a woman giving charity from her husband’s wealth if he
has given her permission to do so. This permission may be explicit (verbal),
such as if he says to her: “You can give such and such of my wealth in
charity, or whatever you wish.” 

Or this
permission may be implicit, such as if people ordinarily agree to such
things or it is known from her husband’s attitude that he will agree to that
and will not object. 

In that case
there is nothing wrong with her giving charity from her husband’s wealth,
and she will have the reward for that charity as will her husband too. 

But if he
does not allow her, or if she knows that he would not agree to that, then in
that case it is not permissible for her to give anything from his wealth in
charity. 

Ibn Qudaamah
(may Allaah have mercy on him) said in al-Mughni (4/301): 

Is it
permissible for a woman to give a small amount in charity from her husband’s
wealth without his permission? There are two views. One is that it is
permissible, because ‘Aa’ishah said: The Messenger of Allaah (peace and
blessings of Allaah be upon him) said: “No woman spends anything from her
husband’s household, without causing any harm, but she will have the reward
for that, and he will have a similar reward because he earned it, and she
will have a reward because she spent it, and the storekeeper will have a
similar reward, without it detracting from the reward of any of them in the
slightest.” And he did not mention the issue of permission. 

It was
narrated from Asma’ that she came to the Prophet (peace and blessings
of Allaah be upon him) and said: O Messenger of Allaah, I have nothing but
that which al-Zubayr gives me. Is there any sin on me if I give charity from
that which is given to me? He said: Give whatever you can. According to a
report narrated by al-Bukhaari: “Give charity.” Agreed upon. 

The custom
is to allow that and agree to it, and this implies permission. 

The second
view is that it is not permitted, but the first view is more sound. 

If he
forbids her to do that and says “Do not give anything in charity, do not
donate a small or large amount of my wealth,” then it is not permissible for
her to do that. End quote. 

The fact
that it is not permissible for a woman to give any of her husband’s wealth
in charity except with his permission is the hadeeth narrated by Abu Dawood
(3565) from Abu Umaamah (may Allaah be pleased with him) who said: I heard
the Messenger of Allaah (peace and blessings of Allaah be upon him)
say: “A woman should not spend anything from her husband’s household except
with his permission.” It was said: “O Messenger of Allaah, not even food?”
He said: “That is the best of our wealth.” Classed as saheeh by al-Albaani
in Saheeh Abi Dawood. 

“Except with
the permission of her husband” means explicit or implicit permission, as
stated in ‘Awn al-Ma’bood. 

The Standing
Committee was asked about a woman who gave charity from her husband’s wealth
without permission.  

They
replied: The basic principle is that a woman does not have the right to give
any of her husband’s wealth in charity without his permission, except small
things that are customarily given, such as upholding ties with neighbours
and those who ask for help by giving small amounts that will not affect her
husband, and the reward will be shared between them as the Prophet
(peace and blessings of Allaah be upon him) said, … then they quoted the
hadeeth of ‘Aa’ishah that is mentioned above. End quote.  

Fataawa
al-Lajnah al-Daa’imah (10/81). 

Shaykh Ibn
‘Uthaymeen (may Allaah have mercy on him) was asked: Is it permissible for a
woman to give charity from her husband’s wealth on her own behalf or on
behalf of one who is dead? 

He replied:
It is well known that the husband’s wealth belongs to the husband and it is
not permissible for anyone to give charity from the wealth of anyone else
except with his permission. If the husband has given her permission to give
charity on her own behalf, or on behalf of whomever she wishes among her
deceased loved ones, there is no sin on her, but if he has not given
permission then it is not permissible for her to give anything in charity,
because it is his wealth and it is not permissible to take the wealth of a
Muslim without his consent. End quote. 

Majmoo’
Fataawa Ibn ‘Uthaymeen (18/472) 

And Allaah
knows best.

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