Husband Supporting His Wife with Income from Riba (Usury)

Husband Supporting His Wife with Income from Riba (Usury)

Question:

Case Example: If a husband supports his children and wife with income derived from Riba. The husband has no other source of income besides this usurious earnings. The children and wife are aware of the husband's job regarding this forbidden profession, and they have frequently advised the husband to seek another lawful (halal) job, but he ignores them. The children and wife are forced to accept, utilize, and go about their daily lives with the financial support provided by the husband, despite knowing it comes from Riba.

Do the children and wife share in the sin of Riba for consuming usurious wealth and knowing that it comes from a prohibited (haram) usurious source, yet they still use it for daily necessities even though they are in a state of compulsion? Kindly provide an explanation, Shukron.

Answer:

Regarding this question, it requires detailed elaboration. If the wife has parents or a guardian (wali) who is wealthy or capable, it is highly recommended for her not to consume her husband's financial support, and she may request financial maintenance from her own family (her guardian) so that she and her children are saved from consuming Riba. She is also advised to ask for a divorce (talak) from her husband if he refuses to abandon Riba. This is considering the magnitude of the sin of Riba and the curse of Allah upon its consumer. Imam Al-Buhuti stated:

وَإِذَا تَرَكَ الزَّوْجُ حَقًّا لِلَّهِ تَعَالَى فَالْمَرْأَةُ فِي ذَلِكَ مِثْلُهُ فَيُسْتَحَبُّ لَهَا أَنْ تَخْتَلِعَ مِنْهُ لِتَرْكِهِ حُقُوقَ اللَّهِ تَعَالَى

“If the husband abandons a right belonging to Allah Ta’ala (by neglecting an obligation or committing a major sin), the woman is in the same position regarding this, meaning it is recommended for her to seek khulu’ (annulment/divorce) from him because of his abandonment of the rights of Allah Ta’ala.” (Kassyaf Al-Qina’, 5/233).

However, if the wife does not have a family, or her family is not financially capable, then she is permitted to consume the financial support from her husband with feelings of resentment, provided she has no other choice while she and her children are in dire need of that maintenance. This is because not every forbidden income remains forbidden when it is transferred through a transaction to someone who is lawful to receive it. This is based on the narration when the Messenger of Allah ﷺ was gifted meat that originally came from charity given to Barirah, one of the slaves he had emancipated. The Messenger of Allah ﷺ said:

هُوَ لَهَا صَدَقَةٌ وَلَنَا هَدِيَّةٌ

“It is charity for her, but for us, it is a gift.” (HR. Al-Bukhari: 1493 from Aisha)

For it was forbidden for the Messenger of Allah ﷺ to consume charity, yet he accepted it when that charity was transformed into a gift to him. The same applies to the statement of the companion Ibn Mas’ud when he was asked about the ruling on attending an invitation from a consumer of Riba. The successor (tabi’in) Dzar bin Abdullah narrated:

جَاءَ إِلَيْهِ رَجُلٌ فَقَالَ: إِنَّ لِي جَارًا يَأْكُلُ الرِّبَا وَإِنَّهُ لَا يَزَالُ يَدْعُونِي فَقَالَ: مَهْنَهُ لَكَ وَإِثْمُهُ عَلَيْهِ

“A man came to him (Abdullah bin Mas’ud) and asked, 'I have a neighbor who consumes Riba, and he constantly invites me.' Ibn Mas’ud replied: 'The meal is wholesome/lawful for you, and the sin is upon him.'” (Narrated by Abdurrazaq in Al-Mushannaf: 14675).

If accepting an invitation from a neighbor who consumes Riba and eating his food is permissible, then receiving financial support from a husband who consumes Riba is certainly more permissible. Nevertheless, avoiding such maintenance is more virtuous if it is possible. If one is unable to do so, then it is permissible to consume it while continuously advising the husband. However, one must still retain a hatred toward that usurious income even while consuming it, as a form of denouncing disobedience to Allah and a major sin, and one should strive to seek a lawful alternative if capable.

In conclusion, the children and wife are permitted to consume the financial support from the husband's usurious income, and they do not incur the sin of Riba as a result of consuming that maintenance. Wallahu a’lam bish-shawab.