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Sunday, April 14, 2013

Is it permissible for a husband to give his zakaah to his wife because she has debts?.

Is it permissible for a husband to pay off his wife's debts with
zakaahmoney, knowing that the wife got into debt before marriage?
Praise be to Allah.
Yes, there is nothing wrong with that, because he is not obliged to
pay off her debts. What is not allowed is for a man to give his zakaah
to his wife in order to waive the obligation of spending on her
maintenance.
Ibn al-Mundhir (may Allah have mercy on him) said:
The scholars are unanimously agreed that a man should not give his
wife zakaah so that she will not need any maintenance after that,
because spending on her maintenance is obligatory for him, so it is
not permissible to givezakaah to her, as also applies to giving zakaah
to her for her maintenance.
End quote from al-Mughni. 2/270
'Ulaysh (may Allah have mercy on him) said in Minah al-Jaleel Sharh
Mukhtasar Khaleel:
With regard to the husband giving his zakaah to his wife, that is not
allowed accordingto scholarly consensus. That [i.e., either spouse
giving zakaah to the other] is not allowed unless it is given by one
of them to the other in order to pay off debts orspend on someone
else; in that case it is permissible according toconsensus. End quote.
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said: If a person
pays off his father's debtfrom his zakaah, and his father was unable
to payit off, then that is permissible. If a husbandgives his zakaah
to pay off his wife's debt, and she is not able to pay it off, then
there is nothing wrong with that, because he is giving charity to them
on the basis that they are in debt.
End quote from Fataawa Noor 'ala ad-Darb.
To sum up: it is permissible for a husband to give his zakaah to his
wife to payoff her debt.
And Allah knows best. - - ▓███▓ Translator:->
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