Constitution of the Caliphate State / Social System
- Category: Social System §112-122
Article 121: The married couple must fully assist each other in the housework, and the husband must carry out all the work which is usually undertaken outside the house, while the wife carries out all the work which is usually undertaken inside the house, according to her capability. He must provide her with a servant as required to assist with the tasks that she is unable to carry out alone.
The evidence for this article are the actions and words of the Messenger , since he
«قَضَى عَلَى ابْـنَتِهِ فَاطِمَةَ بِخِدْمَةِ البَـيْتِ. وَعَلَى عَلِيٍّ مَا كَانَ خَارِجَ البَـيْتِ»
“rules that his daughter Fatimah discharges housework, and ‘Ali with the outdoor work” reported by Ibn Abi Shaybah from Damrah b. Habib, and although Abu Bakr Bin Maryam Al-Ghassani is in the chain of the narration, Abu Hanifah took it and Ibn Hajar said regarding it in Al-Fateh “that was deduced from the narration of ‘Ali b. Abi Talib that when Fatima came to the Prophet and asked him for a servant he indicated to her to what should be said when you go to bed”. And the narration that Al-Bukhari reported from ‘Ali b. Abi Talib (ra),
«أَنَّ فَاطِمَةَ عَلَيْهَا السَّلاَم أَتَتِ النَّبِيَّ تَسْأَلُهُ خَادِمًا فَقَالَ: أَلاَ أُخْبِرُكِ مَا هُوَ خَـيْرٌ لَكِ مِنْهُ تُسَبِّحِينَ اللَّهَ عِنْدَ مَنَامِكِ ثَلاَثًا وَثَلاَثِينَ وَتَحْمَدِينَ اللَّهَ ثَلاَثًا وَثَلاَثِينَ وَتُكَـبِّرِينَ اللَّهَ أَرْبَعًا وَثَلاَثِينَ ثُمَّ قَالَ سُفْيَانُ إِحْدَاهُنَّ أَرْبَعٌ وَثَلاَثُونَ فَمَا تَرَكْـتُهَا بَعْدُ قِيلَ وَلاَ لَيْلَةَ صِفِّينَ قَالَ وَلاَ لَـيْلَةَ صِفِّينَ»
“Fatima came to the Prophet asking for a servant. He said, "May I inform you of something better than that? When you go to bed, recite "Subhan Allah' thirty three times, 'Al hamduli l-lah' thirty three times, and 'Allahu Akbar' thirty four times. 'All added, 'I have never failed to recite it ever since." Somebody asked, "Even on the night of the battle of Siffin?" He said, "No, even on the night of the battle of Siffin.”
This indicates the obligation of the wife carrying out the housework, since her request for a servant is an evidence for the heaviness of the housework upon her, and if the housework was not obligatory upon her there would be no indication from the heaviness, since she would not have been obliged to do the housework, and so then there would have been no heaviness and hardship. This indicates that the wife does the housework according to her capability, and if she requires a helper or more then they are provided for her, according to the evidence of Fatimah’s request from the Messenger. And it indicates that the husband undertakes the work outside of the house, and in such a manner they assist each other.