Bayhaqi 11334 — The report concerning a woman giving a gift without

Imam al-Shafi'i (may Allah have mercy on him) said: We have heard this hadith, but it is not established through an authentic chain such that we would be bound to hold by it. The Qur'an also contains evidence against it, then the Sunnah is also against it, the reports of the Companions are also against it, and it is also against reason. And in Mukhtasar al-Buwayti and (in the narration of) al-Rabi' he said: It is possible that this is in the sense of what is preferable, as it has been said: "When a woman's husband is at home, she should not keep even one day's voluntary fast without her husband's permission"; yet if she fasts, it is valid, and if she goes out without her husband's permission and makes a sale, it is valid. And Sayyidah Maymunah (may Allah be pleased with her) freed her slave-girl and the Prophet (peace and blessings be upon him) learned of it later, yet he did not find any fault in it. From this hadith and from other evidence it is established that the aforementioned saying of the Prophet (peace and blessings be upon him) is for etiquette and is what is preferable, and it does not mean that a woman cannot dispose of her property at all. The Shaykh said: The chain of this hadith up to Amr bin Shu'ayb is authentic, and whoever accepts the hadiths of Amr bin Shu'ayb must accept this one as well; however, the hadiths that have passed in the previous chapter have more authentic chains. From those hadiths and the Qur'anic verses Imam al-Shafi'i (may Allah have mercy on him) took the evidence that a woman may dispose of her own property without her husband, and her disposal will be effective. Therefore the hadith of Amr bin Shu'ayb will be understood as being about etiquette and preference.