to prevent her, nor may he take a single dirham of her wages.
Another legal benefit drawn from this ḥadith is that when someone is obliged to support another person yet withholds that support, the one entitled to it may lawfully take from his property an amount equal to the maintenance—whether or not he is aware of it and whether or not he grants permission. A wife, for instance, may reach into her husband’s pocket for what suffices her and her children, or into his briefcase or chest, and take whatever meets their needs, whether he knows about it or not.
Someone might ask: “If I have a rightful claim against a person who denies it, and I am able to seize some of his wealth, may I take from it an amount equal to what he owes me? Suppose, for example, he owes me one hundred riyals and flatly says, ‘You have nothing with me.’ If I can get hold of his money, may I quietly take one hundred riyals?” The answer is: No, that is not permissible.
The difference between this and the case of maintenance is that maintenance is needed to preserve life and its basis is publicly evident—everyone knows that this woman is so-and-so’s wife and that a wife is entitled to support. Debt, on the other hand, is a concealed matter that is not outwardly apparent. The Prophet ﷺ said, “Return the trust to the one who entrusted you, and do not betray the one who betrays you.”
This is the sounder ruling on the issue that the jurists label “the case of ẓafar,” meaning: if one happens upon the property of someone who owes him a right, may he take from it or not? The detailed answer is that if it is to cover obligatory maintenance, there is no harm; but if it is to settle an outstanding debt, it is not permissible, in light of the general statement of the Messenger ﷺ, “Do not betray the one who betrays you.”
Allah alone grants success.