Saturday, August 3, 2013

Dought & clear - Is the husband obligedto give zakaat al-fitr on behalf of his Christian wife?

There is a Muslim man living in a western country, and he is married
to a Christian woman. Does he have togive zakaat al-fitr on her
behalf?
Praise be to Allah.
Firstly:
Zakaat al-fitr must be paid on behalf of every free Muslim, male or
female, old or young. With regard to the non-Muslim, zakaat al-fitr is
not obligatory for him, because of the hadeeth of Ibn 'Umar (may Allah
be pleased with him) who said: The Messenger of Allaah (blessings and
peace of Allah be upon him) enjoined zakaat al-fitr upon the people at
the end of Ramadan, a saa' of dates or a saa' of barley, upon
everyone, free or slave, male or female, among the Muslims. Narrated
by al-Bukhaari (1504) and Muslim (984).
It says inMughni al-Muhtaaj(2/122): No zakaat al-fitr is required of
one who is originally a non-Muslim, because the Prophet (blessings and
peace of Allah be upon him) said: "of the Muslims", and this is the
consensus of the Muslims. al-Maawardi said: … because it is a
purification, and he (the non-Muslim) is not one of its people [i.e.,
it is a purification from sin, and there is no purification from sin
for the non-Muslim unless he becomes Muslim]. Endquote.
Abu Ishaaq ash-Shiraazi said inal-Muhadhdhab: Nothing is required of
him except the zakaat al-fitr of a Muslim. If the one on whose behalf
he is giving it is a non-Muslim, he is not required to give zakaat
al-fitr on his behalf, because of the hadeeth of Ibn 'Umar, "[it was
enjoined] upon everyone, male or female, free or slave, among the
Muslims". Moreover, the purpose of zakaat al-fitr is purification of
the one on whose behalf it is given, and the disbeliever cannot be
purified [of sin]. End quote.
An-Nawawi said: ash-Shaafa'i and his companions said: He is not
obliged to give anything except the zakaat al-fitr of a Muslim; if he
has a relative or a wife or a slave who is a non-Muslim, he is obliged
to spend on them, but he is not obliged to give zakaat al-fitr on
their behalf. There is no difference of opinion concerning this matter
among us. This was also stated by Maalik, Ahmad and Abu Thawr. End
quote fromal-Majmoo'(6/74)
Al-Hijjaawi said inZaad al-Mustaqni': He should pay it on his own
behalf and on behalf of any Muslim on whom he spends.
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said inash-Sharh
al-Mumti'(6/155): It may be understood from the author's words (may
Allah have mercy on him) that he should not give zakaat al-fitr on
behalf of a non-Muslim wife or a non-Muslim slave. End quote.
To sum up: the Muslim husband does not have to pay zakaat al-fitr on
behalf of his non-Muslimwife.
And Allah knows best.

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