Is it permissible for a wife to spend a small amount from her husband's wealth in charity without his permission?
General Chapter
Al-Mughni
Book of Legal Interdiction
Primary text
The spending is permissible based on two narrations. The first states that whatever a woman spends from her husband's house, without causing corruption, she receives the reward for it, and he receives a similar reward for his earning, and she has reward for what she spent, and the treasurer has the same, without any diminution of their rewards. This narration does not mention permission. The second narration involves Asma asking the Prophet, peace be upon him, if she could give small gifts from what Al-Zubayr brought her, and he commanded her to give as much as she could without hoarding. Furthermore, custom permits such spending, and the husband's implicit consent is taken as explicit permission, similar to how presenting food implies permission to eat it. This view is considered the sounder position because the specific, authentic hadiths take precedence over general rules and clarify them, indicating that the general rule excludes this specific situation. Customary permission stands in place of explicit permission.
Supporting text
The opposing view prohibits it, based on the Prophet's saying that a woman should not spend anything from his house except with his permission, specifying that even food is included as it is the best of their wealth. This view also relies on the principle that the wealth of a Muslim is inviolable except by his willing consent, and that donating another's property without permission is impermissible, similar to a non-wife.