Abu Hurayrah (may
Allaah be pleased with him) reported that the Messenger of Allaah (sallallaahu
alayhi wa sallam) said: “It is not lawful for a woman to observe fasting
without the permission of her husband when he is at home…”[1]
Shaykh Ibn al-‘Uthaymeen
said: The apparent meaning of the [above] hadeeth is that a woman must not observe
either an obligatory fasting or a voluntary one without her husband’s
permission. As regards voluntary fasting, it is clear that she must not observe
it without his permission because the husband’s right upon her is obligatory
while the voluntary fast is an optional act that does not attract any sin if it
is abandoned. However, abandoning the husband’s right attracts a sin.
This is because the
husband may need to enjoy her, and if she is fasting when the husband needs to
enjoy her, he may not be happy with it. So he has the right to enjoy her and
have intercourse with her while she is observing a voluntary fast since he did
not give her permission beforehand and there will be no sin upon him.
With regard to
obligatory fasting, if the duration left of the year is more than what is
obligatory upon her, it is not permissible for her to observe fasting without
her husband’s permission if he is around. For instance, if she has to make up
ten days of Ramadaan fast while she is presently in the month of Rajab, saying:
‘I intend to make up the fasting I am owing.’ Our response would be: Do not
make up your fast without your husband’s permission because you still have
ample time.
However, if it is remaining ten days in the
month of Sha’ban [before Ramadan], she can observe the fast even if he did not
give her permission, because it is not permissible for a person who is owing
the fast of Ramadan to delay it till another Ramadaan. So, in this case, she
would be doing something that is essential and mandatory in the religion. And
the permission of the husband or other than him is not a condition in this regard.
Source: Sharh Riyaad
as-Saaliheen, vol. 2, p. 82 by Shaykh Muhammad Saalih al-Uthaymeen (may Allaah
have mercy on him)
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