The owner can take possession of their right from the debtor's property (even without permission).




Aisha (may Allah be pleased with her) related:
The mother of Muawiya, Hind, came to the Messenger of Allah (peace and blessings upon him) and said:
"My husband, Abu Sufyan, is a miser. He does not provide enough allowance for me and my son, and I ask if there is any sin in taking from his wealth without his knowledge."
The Messenger of Allah (peace and blessings upon him) commanded her according to custom, "Take what suffices you and your son.”
EXPLANATION:
A woman may take and spend from her husband’s property an amount that is known by custom. Of course, this amount should not impoverish the man or cause hardship if his earnings are meager.




Aisha (may Allah be pleased with her) related:
Hind, the wife of Abu Sufyan, came to the Messenger of Allah (peace and blessings upon him) and said, "O Messenger of Allah, my husband, Abu Sufyan, is a man who holds tightly [to his possessions]. Is there an impediment for me to spend from his wealth on my family without his permission?"
The Messenger of Allah (peace and blessings upon him) said, “No, there is no sin in spending according to custom.”





Yusuf ibn Mahek al-Makkī, may Allah be pleased with him, related:
I took charge of the sustenance records of certain orphans. The orphans, upon reaching maturity, mistakenly overpaid their allowances by a thousand dirhams. That person then paid it to them. Later, I recovered from the orphans’ property that excess amount (a thousand dirhams). I said to that person, “Shall I take back from you the thousand dirhams which the orphans took in error?” He replied:
No, do not. My father heard the Messenger of Allah, peace and blessings be upon him, say:
“Pay over what is entrusted to you to one who gives you security, and betray one who betrays you.”


Abu Hurayra, may Allah be pleased with him, narrated that the Messenger of Allah, peace and blessings be upon him, said: "Pay back to the one who entrusts you what he has entrusted to you. Do not betray the one who betrays you."

