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سنن ابي داود
Abu Dawud
كتاب الزكاةZakat (Kitab Al-Zakat)
باب الْمَرْأَةِ تَتَصَدَّقُ مِنْ بَيْتِ زَوْجِهَاChapter: Sadaqah Given By A Woman From Her Husband’s Property.
Hadith 1688
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ سَوَّارٍ الْمِصْرِيُّ ، حَدَّثَنَا عَبْدَةُ ، عَنْ عَبْدِ الْمَلِكِ ، عَنْ عَطَاءٍ ، عَنْ أَبِي هُرَيْرَةَ فِي الْمَرْأَةِ تَصَدَّقُ مِنْ بَيْتِ زَوْجِهَا ، قَالَ : "لَا ، إِلَّا مِنْ قُوتِهَا وَالْأَجْرُ بَيْنَهُمَا ، وَلَا يَحِلُّ لَهَا أَنْ تَصَدَّقَ مِنْ مَالِ زَوْجِهَا إِلَّا بِإِذْنِهِ " . قَالَ أَبُو دَاوُد : هَذَا يُضَعِّفُ حَدِيثَ هَمَّامٍ .
Ata said Abu Hurairah was asked Whether a woman could give sadaqah from the house (property) of her husband. He replied `No’. She can give it from her maintenance. The reward will be divided between them. It is not lawful for her to give sadaqah from her husband’s property without his permission. Abu Dawud said This version weakens the version narrated by Hammam (bin Munabbih).
Brief Explanation
1؎: This phrase is not present in most manuscripts of Sunan Abu Dawud. The narration of Hammam ibn Munabbih is authentic; its documentation has been done by Bukhari and Muslim, and there is no defect in it. Therefore, how can the statement of Abu Dawud be correct when this narration from Abu Hurairah radi Allahu anhu, as reported from Ata, is mawquf (stopped at the Companion)? Moreover, reconciliation between the two narrations is also possible, as Nawawi has mentioned in his commentary on Sahih Muslim.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
1688. Commentary: The author of ‘Awn al-Ma‘bud writes that this last statement of Imam Abu Dawud rahimahullah is not found in most manuscripts; rather, it is present in some. Whereas the aforementioned hadith of Hammam ibn Munabbih is an excellent, authentic hadith. It has been narrated by Imam al-Bukhari rahimahullah and Imam Muslim rahimahullah (Sahih al-Bukhari, Book of Maintenance, Hadith 5360; and Sahih Muslim, Book of Zakat, Hadith 1026). In the presence of this hadith, how can his own fatwa (a mawquf narration) weaken a marfu‘ (attributed to the Prophet sallallahu alayhi wa sallam) authentic hadith? However, reconciliation and harmonization between the aforementioned hadith and his fatwa is also possible: that for a wife, it is not permissible to give charity (sadaqah) beyond what is customary without the explicit permission of her husband, because this affects the system of household expenses. Therefore, she will be sinful for this, and according to the marfu‘ narration... in the case of no permission, she will receive half (of the reward), provided it is within the customary limit.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 1688
