#808: Can a Woman observe a Voluntary Fast without the permission of Her Husband in his absence?
808. QUESTION
“Assalam alaikum wa rahmatullah wa barakatuh… Please is a woman supposed to seek permission from her husband B4 observing a voluntary fast in his absence, i.e while he travelled…”
ANSWER:
Wa Alaykum Salām Warahmatullāh Wabarakātuh.
Alhamdulillāh.
Without a disagreement among the Ulamā, if her husband travelled, she may fast the voluntary fast without his permission. This is because the wording of the Hadīth said as was recorded in the Sahihayn from Abū Hurayrah:
لا يحل للمرأة أن تصوم وزوجها شاهد إلا بإذنه
“It is not Permissible for a woman to fast while her husband is present without his permission.” (And this is the wording in Al-Bukhārī)
In the wording of Abū Dāwud it reads:
لا تصوم المرأة وبعلها شاهد إلا بإذنه غير رمضان
“Let not a woman observes the fast other than Ramadān in the presence of her husband without his permission.”
And this is clear. Imām An-Nawawī mentioned this in Al-Majmū’. And this is because the Hadīth is specific to his presence and the wisdom in declaring the need to seek his permission is his right to Istimtā’ (Intercourse) without a difference among the Ulamā.
There is therefore nothing wrong with you observing the fast without his permission in his absence. However, for the benefit of excellent living and beautiful relationships, it is still important that you have a discussion with him to that effect. And may Allāh bless your marriage, amīn.
Bārakallāhu Fīkum
Jazakumullāhu Khayran.
6th Shawwal, 1440AH.
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