Search In Fatwa

His wife refuses to give him his money back

Question

My question is, I gave my wife some money to keep for me now I need it she refused give me back now about three months she no talk me because we're not at the same country? What I have to do?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

If the matter is as you mentioned that your wife refused to give you back what you gave her as a trust, without any religious reason, then she is sinful and she betrayed the trust. Allaah Says (which means): {Verily! Allaah commands that you should render back the trusts to those, to whom they are due.}[Quran 4:58]. Moreover, the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "Whoever has taken anything from anyone [as a trust, debt or otherwise] should give it back to him as it is." [Ahmad] So it is an obligation on your wife to give you back your money. However, if she has a sound religious reason for taking it, for instance if this money is instead of what you owe her to spend on her and her children, then she is allowed Islamicly to do so. Al-Bukhari and Muslim may  Allaah  have  mercy  upon  them reported that Hind Bint 'Utbah  may  Allaah  be  pleased  with  her said: "O Prophet of Allaah! Abu Sufyaan is a tight man, and does not give to me or my children money, except what I take from him without his knowledge." So the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) told her: "Take what will suffice you and your children within reasonable grounds."

As regards her not talking to you, if you mean that she cut relations with you, then she is wrong. Even if you did not fulfil her right, it is not permissible for her to cut relations with you. Nonetheless, we advise you to seek the help of righteous and pious people from your family and hers to judge between you about your dispute, as Allaah may reconcile between you. Allaah Says (which means): {If they both desire reconciliation, Allaah will cause it between them. Indeed Allaah is Ever All-Knower, Well-Acquainted with all things.}[Quran 4:35].

Finally, it should be noted that it is not permissible for a husband to be absent from his wife more than six months except with her permission. Most of the time these problems happen due to the husband being far away from his wife, so you have to be careful.

Allaah Knows best.

Related Fatwa