as the Prophet, peace and blessings be upon him, said: “It is not lawful for a woman who believes in Allah and the Last Day to fast while her husband is present except with his permission.” (1) Her time belongs to her husband; therefore, she may not hire herself out without his permission, unless he permits her. If he permits her, the right is his. If a woman asks her husband to permit her to work as a domestic servant and he permits her, that is lawful for her. Likewise, if she asks her husband’s permission to work in teaching and he permits her, it is lawful. But if he does not permit her, then it is not lawful for her to hire herself out except with her husband’s permission.
However, if it was stipulated at the time of the marriage contract that she may hire herself out, there is no objection, for Muslims are bound by their conditions. The Prophet, peace and blessings be upon him, said: “The conditions most deserving of fulfilment are those by which you made private relations lawful.” (2) This occurs frequently nowadays, for some women are teachers or students. If, when she marries, it was not stipulated that the husband would allow her to teach or study, he has the right to prevent her from doing so. But if it was stipulated for him, then Muslims are bound by their conditions.
His statement, “Nor may a woman hire herself out,” excludes the case in which she is hired for a specified task. For example, if we hire her to sew a garment, mend a sandal, patch a garment, or the like, then she has not hired herself out, because the one hiring her does not possess her person; rather, he has hired her for a task. This is subject to further detail:
If it occupies her from fulfilling her husband’s rights, then it is not lawful for her except with her husband’s permission. But if it does not occupy her, there is no objection. Thus, if we suppose that this woman