Author: Dr. Muhammad Zia-ur-Rahman Al-Azmi رحمه الله
Question:
A woman takes some money from her husband—who is miserly and negligent in providing for her—without informing him, and she swears by oath that she did not take anything. What is the ruling?
Answer:
It is not permissible for a woman to take anything from her husband's wealth without his permission, because Allah ﷻ has prohibited taking the wealth of others without their consent, and the Noble Messenger ﷺ declared this during the Farewell Pilgrimage, saying:
❝Your blood, your wealth, and your honour are sacred to you as this day, this month, and this city are sacred. Have I conveyed the message?❞
[Ṣaḥīḥ al-Bukhārī, Ḥadīth no. 67; Ṣaḥīḥ Muslim 1679/29]
However, if the husband is miserly and does not provide enough financial support that meets the recognized standard (i.e. the customary standard of living according to the norms of the society that does not contradict ethics, law, or Shariah) for his wife and children, then the woman may take from his wealth according to what is customary and sufficient for her and her children.
The proof for this is the ḥadīth of Ḥind bint ʿUtbah, who came to the Prophet ﷺ and complained about her husband, saying:
❝He is a miserly man and does not give me enough maintenance for me and my children.❞
The Prophet ﷺ said:
❝Take from his wealth what is sufficient for you and your children according to what is customary.❞
[Ṣaḥīḥ al-Bukhārī, Ḥadīth no. 5364]
Hence, the Messenger of Allah ﷺ granted her permission to take only what is necessary, whether the husband is aware of it or not.
In the case mentioned in the question, where the woman swears that she did not take anything from her husband:
✔ If a person is oppressed, such interpretation is permitted in this situation.
✘ But if the person is an oppressor, then interpretation is not allowed.
In this case, the woman whose husband does not provide the required financial support for her and her children is undoubtedly oppressed, so she is allowed to make such an interpretation.
[Ibn ʿUthaymīn: Nūr ʿala al-Darb: 7]
❖ Taking the Husband’s Wealth Without His Permission
Question:
A woman takes some money from her husband—who is miserly and negligent in providing for her—without informing him, and she swears by oath that she did not take anything. What is the ruling?
Answer:
It is not permissible for a woman to take anything from her husband's wealth without his permission, because Allah ﷻ has prohibited taking the wealth of others without their consent, and the Noble Messenger ﷺ declared this during the Farewell Pilgrimage, saying:
❝Your blood, your wealth, and your honour are sacred to you as this day, this month, and this city are sacred. Have I conveyed the message?❞
[Ṣaḥīḥ al-Bukhārī, Ḥadīth no. 67; Ṣaḥīḥ Muslim 1679/29]
✔ Exception: When the Husband is Miserly
However, if the husband is miserly and does not provide enough financial support that meets the recognized standard (i.e. the customary standard of living according to the norms of the society that does not contradict ethics, law, or Shariah) for his wife and children, then the woman may take from his wealth according to what is customary and sufficient for her and her children.
- She is not allowed to take more than this.
- She is not permitted to spend beyond necessity, either on herself or on her children.
✿ Proof from Ḥadīth:
The proof for this is the ḥadīth of Ḥind bint ʿUtbah, who came to the Prophet ﷺ and complained about her husband, saying:
❝He is a miserly man and does not give me enough maintenance for me and my children.❞
The Prophet ﷺ said:
❝Take from his wealth what is sufficient for you and your children according to what is customary.❞
[Ṣaḥīḥ al-Bukhārī, Ḥadīth no. 5364]
Hence, the Messenger of Allah ﷺ granted her permission to take only what is necessary, whether the husband is aware of it or not.
⚠ Regarding the Oath Taken by the Woman
In the case mentioned in the question, where the woman swears that she did not take anything from her husband:
- Such an oath is ḥarām (forbidden) unless she makes a valid interpretation (ta’wīl) behind her words.
- For example, she may intend by her oath:
- "By Allah, I did not take anything," meaning she did not take anything that was ḥarām to take.
- Or: "By Allah, I did not take anything beyond what was rightfully due to me for necessary expenses."
- Or any other interpretation that aligns with her legitimate Islamic entitlement.
✔ If a person is oppressed, such interpretation is permitted in this situation.
✘ But if the person is an oppressor, then interpretation is not allowed.
In this case, the woman whose husband does not provide the required financial support for her and her children is undoubtedly oppressed, so she is allowed to make such an interpretation.
[Ibn ʿUthaymīn: Nūr ʿala al-Darb: 7]
