Evidence used by scholars regarding the ruling on a wife serving her husband
Their evidence was divided according to their different opinions, each of them having its own legal evidence and reasons for its reasoning, as follows:
First: Evidence for the first statement of those who say that service is not obligatory for women, and among their most prominent evidence is the following:
1-God Almighty said:﴿Treat them with kindness(An-Nisa: 19).
The face of significance:It is part of reasonable cohabitation that the husband appoints someone to serve her if she does not usually serve herself. Because the purpose of marriage is enjoyment, not service. Just as the husband is not obligated to water his animals or harvest his crops for his wife, likewise she is not obligated to serve him in anything other than what they contracted for.[1].
2-Measurement of leasing:
Just as the employee is only obligated to what is agreed upon in the contract, likewise the wife is only obligated to what is included in the stipulations of the marriage contract, which is enjoyment and companionship.
3-Considering the condition of honorable women:
Some jurists mentioned that noble women are not accustomed to serving themselves, but rather servants are assigned to them, so assigning them to serve is a violation of custom, and custom is considered in Sharia law.[2].
Second: Evidence for the second opinion, which says that a wife must serve her husband in a reasonable manner:
Infer the following[3]:
First: The Holy Qur’an:
1-God Almighty said:And they are like those who are upon them, with what is fair.(Al-Baqarah: 228).
The face of significance:A woman serving her husband is well-known among those whom God Almighty has addressed with His words, but as for a woman’s entertainment and her husband serving the house, it is undesirable.
2-God Almighty said:And they are like those who are upon them, with what is fair.﴾:Women have just as much right over men as men have over them. Let each one of them fulfill his duty to the other in a reasonable manner.
3-God Almighty said:Men are the guardians of women(An-Nisa: 34).
Meaning: If a woman does not serve her husband, she is his guardian.
4-God Almighty said:And men have a degree above them, and God is Mighty, Wise.(Al-Baqarah: 228).
The face of significance:This verse includes all the rights of the husband over his wife, including the right to service.
First: the Sunnah of the Prophet:
They cited the story of Ali and Fatima, may God be pleased with them[4]; Whereas the Prophet, may God’s prayers and peace be upon him, ruled that his daughter Fatima should serve the house, and that Ali should do all the work he did outside the house.
According to the hadith: If I ordered someone to prostrate to another person, I would order the woman to prostrate to her husband[5]And Asmaa bint Abi Bakr used to serve her husband, and so did the female companions[6].
[1]looks:Al-Muhadhdhab in the jurisprudence of Imam Al-Shafi’i,Previous reference, vol. 3, pp. 151-153,And Al-Mughni by Ibn Qudamah,Previous reference, vol. 8, p. 200And Al-Dasouki’s footnote to Al-Sharh Al-Kabir,Previous reference, vol. 2, pp. 510-511.
[2]looks:The references themselves.
[3] Encyclopedia of jurisprudence,Al-Durar Al-Nasiya, General Supervisor: Sheikh Alawi bin Abdul Qadir Al-Saqqaf, link:https://dorar.net/feqhia/5296/%D8%A7
[4](Sahih Al-Bukhari),The book on the obligation of the fifth, Chapter on the evidence that the fifth is for the deputies of the Messenger of God, may God’s prayers and peace be upon him, and the needy, and the preference of the Prophet, may God’s prayers and peace be upon him, those who are entitled to it. Al-Suffah and the widows, when Fatima asked him and asked him about the mill and the millstones: to serve her from captivity, so he entrusted them to God.,Hadith number(3113), vol. 4, p. 84,And (Sahih Muslim), The Book of Dhikr, Supplication, Repentance, and Asking Forgiveness, Chapter on Glorifying God at the Beginning of the Day and at Sleep, Hadith No. (2727), Part 4, p. 2091.
[5](Sunan al-Tirmidhi)Chapters on breastfeeding on the authority of the Messenger of God, may God bless him and grant him peace, Chapter on what was stated regarding the husband’s right over the woman, Hadith No. (1159), vol. 3, p. 457.
[6] (Sahih Muslim), The Book of Dhikr, Supplication, Repentance, and Asking Forgiveness, Chapter on Glorifying God at the Beginning of the Day and at Sleep, Hadith No. (2182), Part 4, p. 1717.