Is it permissible for the mother to spend the remaining $100 she has from her ex-husband's money on their daughter, given that the husband did not fulfill the wife's rights, stole from her money, and has not spent on their daughter after the divorce, which occurred almost two years ago?
Many scholars have affirmed the permissibility for an individual to take from another person's wealth the amount equivalent to their due right if they are unable to obtain it from them. This is known as "Mas'alat al-Zafar" (the issue of gaining possession). This permissibility is further confirmed if the reason for the right is evident, such as the maintenance of a wife and children, based on the hadith narrated by Aisha (may Allah be pleased with her) concerning Hind bint Utbah. Ibn al-Qayyim and Ibn Uthaymeen hold that this permissibility is restricted to cases where the reason for the right is evident, and there is no fear of discord or enmity arising from it. Therefore, if a husband does not provide his wife's rights and his daughter's maintenance, it is permissible for the wife to take money to spend on her daughter.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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