Question:
A man undertakes to pay his wife’s Zakaat for the jewellery he had given to her. The wife has no means of income nor received an allowance from the husband. They have now divorced. The ex-husband had not paid the Zakaat on the said jewellery while they were married. Should the Zakaat be paid by the ex-husband who had assumed responsibility for it or does the woman have to pay it out?
Answer:
Every individual is liable to discharge his/her own Zakaat. This includes the husband as well as the wife. The husband will not be liable to discharge the Zakaat due on the wife and vice versa. If the husband takes responsibility and pays the Zakaat on behalf of the wife, then this will be a favour which cannot be enforced onto him. Therefore, once the jewellery is transferred into the wife’s possession she will be by all means liable to discharge its Zakaat. If she has no means of income then the Zakaat should be discharged by selling the amount of jewellery that is equal to the amount of Zakaat due on her. (Imdaadul Ahkaam, Vol. 2, Page 20, Fataawaa Mahmoodiyah, Vol. 3, Page 107, Fataawaa Darul Uloom Mudallal Mukammal, Vol. 6, Page 65, 109, 120, 121, Aapke Masaail aur Unkaa Hal, vol. 3, Page 345-347)
And Allah Ta’ala knows best
Qasim bin Hashim Limbada
Attested to as correct by:
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
19 May 2004
28 Rabee’ul Awwal 1425