2571 — “When a man marries a woman, no gift she gives is valid except with his permission.”

Al-Tayalisi recorded it (p. 299, no. 2667): Hammad narrated to us; Habib al-Muallim narrated to us, from Amr ibn Shuayb, from his father, from Abdullah ibn Amr, attributed to the Prophet. This is a good chain of transmission. It has also been narrated with the wording, “It is not permissible for a woman ...”; it has preceded under no. 825, along with some corroborating reports.

I then found another strong corroborating report for it, which was one reason for repeating it here. Abd al-Razzaq recorded in his Musannaf (9/125/16607), from Mamar, from Ibn Tawus, from his father, who said: The Messenger of Allah, may Allah’s peace and blessings be upon him, said: “A woman may not dispose of anything of her property without her husband’s permission, so long as he holds her in wedlock.”

I say: This is an authentic mursal chain of transmission, and thus a strong corroborating report for the connected hadiths in this chapter. He then narrated it, from a man, from Ikrimah, as a mursal report with similar wording.

Know that some of the early predecessors acted upon this hadith, as al-Tahawi related in Sharh al-Maani (2/403). Ibn Hazm also narrated in al-Muhalla (8/310–311), from Anas ibn Malik, Abu Hurayrah, Tawus, al-Hasan, and Mujahid, that it was the view of al-Layth ibn Sad. Thus, he did not deem it permissible for a married woman to emancipate a slave, make any disposition concerning her dower, or do anything else without her husband’s permission—except for a small amount which she needs to maintain ties of kinship or to draw nearer to Allah Most High.

He then mentioned the views of the other scholars, discussing their proofs, and himself chose the view that a woman may dispose of her property without her husband’s permission. In support of this, he cited some authentic hadiths, such as the hadith of Ibn Abbas stating that the Prophet, may Allah’s peace and blessings be upon him, commanded the women during the Eid sermon to give charity, whereupon women began throwing down rings, earrings, and other items. None of this constitutes proof, for these are individual incidents, each of which may admit an interpretation that does not