Hadith 3547

حَدَّثَنَا أَبُو كَامِلٍ ، حَدَّثَنَا خَالِدٌ يَعْنِي ابْنَ الْحَارِثِ ، حَدَّثَنَا حُسَيْنٌ ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، أَنَّ أَبَاهُ أَخْبَرَهُ ، عَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍو ، أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " لَا يَجُوزُ لِامْرَأَةٍ عَطِيَّةٌ إِلَّا بِإِذْنِ زَوْجِهَا " .
Narrated Abdullah ibn Amr ibn al-As: The Prophet ﷺ said: It is not permissible for a woman to present a gift (from her husband's property) except with the permission of her husband.
Hadith Reference سنن ابي داود / كتاب الإجارة / 3547
Hadith Grading الألبانی: حسن صحيح  |  زبیر علی زئی: حسن, أخرجه النسائي (2541 وسنده حسن) وانظر الحديث السابق (3546)
Hadith Takhrij « سنن الترمذی/ الدیات 3 (1390)، سنن النسائی/ الزکاة 58 (2541)، العمری 1 (3787، 3788)، (تحفة الأشراف: 8680، 8683)، وقد أخرجہ: مسند احمد (2/179، 180، 207، 212)، دی/ الدیات 16 (2417)، ویأتی ہذا الحدیث برقم (2566) (حسن صحیح) »
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: That is, from the husband's wealth, because the woman is his trustee, and this prohibition becomes even more emphasized when the woman is inexperienced in financial matters.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3547
Hafiz Muhammad Ameen
By this is meant a gift from the husband's household; otherwise, if a woman gives a gift from her own wealth, the husband's permission is not necessary. However, even then, for the sake of good marital relations and to maintain the husband's trust, it is better to consult with him.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 2541
Hafiz Muhammad Ameen
From this hadith, it apparently seems that a woman cannot give a gift from her own wealth without her husband's permission. If this is the meaning, then the ruling will be one of recommendation (istihbab), so that discord does not arise between husband and wife, because in many authentic ahadith, giving a gift without the husband's permission is mentioned. The noble wives (azwaj mutahharat radi Allahu anhunna) of the Messenger of Allah (sallallahu alayhi wa sallam) acted with their wealth without his permission on several occasions—for example, Lady Maymunah (radi Allahu anha) freed her slave-girl without informing him; Lady Aishah (radi Allahu anha) made arrangements to purchase Barirah without informing him, and so on. Or, in this narration, "her wealth" may refer to the husband's wealth that is under the woman's disposal. In that case, permission is definitely required. It is necessary to consider all the evidences, not just a single narration about women.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3787
Hafiz Muhammad Ameen
The researcher of the book has declared the chain of narration of this hadith to be weak here. Previously, in Hadith 2541, he termed its chain as hasan, and in Sunan Abu Dawud (Hadith 3547), he has generally called it hasan. The action of the researcher in declaring the chain of narration of this hadith to be weak here is beyond comprehension. Based on the evidences, the preferred opinion is that the hadith is authentic and practicable. And Allah knows best.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3788
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: It is obligatory that any disposal of the husband's wealth be with his permission.
And if a woman disposes of her own wealth with her husband's agreement, that is very commendable.
Otherwise, even without permission, she may dispose of it in matters of goodness, as the female Companions (radi Allahu anhunna) were encouraged to give charity.
So they used to give charity, and the Messenger of Allah (sallallahu alayhi wa sallam) would accept it.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3546
Maulana Ataullah Sajid
Commentary:
For benefits:
See the benefits of Hadith: 2294
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2388
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، البيوع، باب في عطية المرأة بغير إذن زوجها، حديث:3547، والنسائي، الزكاة، حديث:2541، وابن ماجه، الصدقات، حديث:2388، وأحمد:2 /179، 184، 207، والحاكم:2 /47.»©Explanation:
➊ Apparently, from this hadith it is understood that a woman is not authorized to dispose of her personal assets in any way without her husband's permission and consent.
➋ The famous Tabi‘i, Hazrat Tawus rahimahullah, used to give the fatwa in light of this hadith that even in her personal wealth, a woman should not dispose of it without her husband's permission.
➌ Imam Malik rahimahullah says that a woman can only dispose of up to one third without her husband's permission, but the remaining three Imams and the majority of scholars consider it permissible for a woman to dispose of her personal wealth.
And a woman's personal wealth is that which she receives from her husband as mahr (dower).
Similarly, wealth received from her parents, and gifts and donations given by her friends and relatives, as well as her commercial profits, are also her personal wealth; neither her husband nor anyone else has any right over it, so she may spend it as she wishes.
The general command in the Noble Qur’an and the ahadith regarding spending in the way of Allah (, ) necessitates this; however, if a woman consults her husband or seeks his permission, this will increase good conduct and mutual trust between them, to which this hadith alludes.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 733