Is it permissible for a wife to use a power of attorney to sell her husband's house to their children without his knowledge, especially if the husband is abusive and threatens to sell the house and leave?
The property of a sane, adult man cannot be sold except with his consent. If it is sold without his consent, the sale is not valid unless he ratifies it.
What was mentioned about the husband's shortcomings in providing financial support and his ill-treatment does not permit disposing of his property; rather, the matter should be brought before the court.
As for the woman selling the house without her husband's knowledge, relying on a power of attorney: if she forged it, her action is null and void, and she must repent. If she exploited an old power of attorney that the principal had revoked, then the agent's action after the revocation of the power of attorney or the death of the principal is null and void.
Accordingly, the sale of the house by the woman is not effective except with the husband's consent or a ruling from the Sharia court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 50878
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy