Managing Household Matters
Fatwa No: 85025

Question

Is it allowed for a man to not bring a servant for his wife to help her and he can afford to do so? His wife really needs this servant or helper.If my husband gave me the house pocket money expenses, and he told me that after all the house spending are finished you could take the rest of the money for yourself, can I take that money and do what ever I want with it without asking him again for a second permission? I want to use that money for good, not evil.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

A wealthy husband has to provide a servant to his wife if she is not normally used to working because of her high social status or because she is sick. There is an agreement among the four Schools of jurisprudence concerning this matter.

The Maali School of jurisprudence added that if a husband is of high social status and his wife's service will dishonor him, then it is his duty to bring a servant. But the Shaafi'i School of jurisprudence disagree with the Maali School in this concern, since they (Shaafi'i School) believe that honor which a wife gets by such noble marriage is an accidental state that has no importance. The opinion of the four Schools of jurisprudence is based on the Saying of Allah (which means): {And live with them honourably.} [Quran 4:19]

Imam Ibn Qudaamah said while commenting on the above verse in al-Mughni: “Providing a servant to a wife is part and parcel of "polite treatment", and the servant is needed continuously; this is similar to maintenance.

Ibn Hajar said in his book al-Fath: “At-Tahawi related that a husband is not allowed to dismiss a wife's servant. This means that the husband is required to provide his wife with the servant's maintenance according to the need.

Ash-Shaafi'i and the scholars of Koofa said: “It is the husband's duty to maintain his wife and her servant if she is from those who are normally served.

Maalik, al-Layth and Muhammad Ibn al-Hasan said: “If a wife has a high social status, she has the right to be served.
But the scholars who follow the apparent meaning of the texts, said: “A wife has no such right even if she is the daughter of the Caliph.

The majority of the scholars based their opinion on the Saying of Allah (which means): {And live with them honourably.} [Quran 4: 19] They said: “If a husband does not provide a servant for his wife, then he does not treat her honourably.

As for those scholars who deduced from the sound Hadeeth of Faatimah that a wife has no right to have a servant, we state that their deduction is not conceded for the following reasons:

1) The Prophet told her to do what is considered as part and parcel of "polite treatment and noble morals", and he did not tell her that she is not entitled to have a servant.

2) Apparently, the Hadeeth indicates that ‘Ali was not a wealthy man. He said to Faatimah : “I would like you to go to the Prophet () to ask him to grant you a servant since you are tired of milling and working. She said: 'Let's go.Ali said: “So, I went with her to the Prophet () and we requested him to give us a servant. Thereupon, the Prophet said “Let me guide you to what is better. When you go to bed, I advise you to say Subhanah Allah (Glory be to Allah) thirty-three times, al-Hamdu Lillah (Praise be to Allah) thirty-three times, and Allaahu Akbar (Allah is the Greatest of all) thirty-four times. That will be one hundred by tongue and one thousand in the balance (on the Day of Judgment).

Ali guided his wife and he knew her situation. So, if he were rich, he would have provided her with a servant. Then, no one can deduce anything else.

As for the question if a wife can take what is left of maintenance given by her husband after meeting the needs, then we state that if a husband gives her the maintenance as a form of possession to his wife, then she can take the remainder; otherwise, she is not allowed. She has to ask her husband every time she has extra money unless he gives her permission forever.

For more benefit on a wife doing household chores, please refer to Fataawa 86406, 352288, 341413, 361054 and 406489.

Allah knows best.

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