Saturday, October 8, 2011

The reason why a woman is not allowed to observe a naafil fast without her husband’s permission

 

What is the reason why a woman is not allowed to observe a naafil fast without her husband’s permission even though that is an act of worship, and there is no obedience to any created being if it involves disobedience towards the Creator?.

Praise be to Allaah.
 

 

Al-Bukhaari (5191) and Muslim (1026) narrated from Abu
Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah
(peace and blessings of Allaah be upon him) said: “It is not permissible for
a woman to fast when her husband is present except with his permission.” 

The version narrated by Abu Dawood (4258) and al-Tirmidhi
(782) says: “No woman should fast when her husband is present except with
his permission, apart from Ramadaan.” Classed as saheeh by al-Albaani in
Saheeh al-Tirmidhi. 

Al-Haafiz said: i.e., when he is present and is not
traveling. 

“Except with his permission” means apart from fasting the
days of Ramadaan, and obligatory days apart from Ramadaan if there is not
much time. This hadeeth indicates that it is haraam for her to observe the
fast mentioned in the question without her husband’s permission. This is the
view of the majority of scholars. 

This hadeeth indicates that the husband’s right over his wife
takes precedence over her doing voluntary good deeds, because his right is
an obligation and doing what is obligatory takes precedence over doing a
voluntary action. 

Al-Nawawi said: 

This is to be understood as referring to voluntary and
recommended fasts that are not to be done at a specific time. This
prohibition was stated by our companions. The reason for that is that the
husband has the right to be intimate with her on all days, and his right
must be fulfilled immediately and cannot be delayed by a voluntary action or
an obligatory action that could be done later on. If it is said that he
should let her fast without his permission, and if he wants to be intimate
with her he can do so and break her fast, the answer is that if she fasts,
that usually prevents him from being intimate with her, because he would not
want to spoil her fast.  

With regard to the questioner saying, “even though that is an
act of worship, and there is no obedience to any created being if it
involves disobedience towards the Creator” – 

We say: Yes, but if a woman does not observe a voluntary
fast, that is not an act of disobedience or sin, rather what is sinful is
not fasting in Ramadaan. Hence a woman should fast Ramadaan without her
husband’s permission, as is indicated by the wording of the hadeeth narrated
by Abu Dawood and al-Tirmidhi, quoted above. 

The husband’s rights take precedence over observing a naafil
fast because this is something that is obligatory, and when there is a
conflict regarding acts of worship, that which is more important takes
precedence. 

And Allaah knows best.

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