If the wife is poor, is she permitted to pay her zakah to her husband?
Machine translationRead the Arabic original
The questioner : Shaykh, may Allah bless you. It is well known that a wife is not required to spend on her husband if he is poor. Is it permissible for her to pay her zakah to her husband?
The Shaykh : It is well known that if the wife is wealthy.
The questioner : And it is upon her.
The Shaykh : If she is wealthy and her husband is poor.
The questioner : To spend on him.
The Shaykh : It is obligatory upon him.
The questioner : What is this?
The Shaykh : Because he is an heir; a wife inherits, and Allah the Exalted said:[Al-Baqarah 2:233].
The questioner : Because the premise is not correct.
The Shaykh : Yes, but this is according to the opinion of Ibn Hazm. However, the one who came with this is the truth. But Ibn Hazm, due to his apparentism, says that if the wife is wealthy and the husband is poor, it is obligatory for her to spend on him. The correct view is that it is not obligatory for him, but if she has zakah, she gives him from her zakah. Yes, this is the stronger position. For this reason, when the Prophet (peace and blessings be upon him) commanded giving charity, his wife came to him with 'Abdullah ibn Mas'ud and said, "O Messenger of Allah, 'Abdullah ibn Mas'ud claims that he and his child are the most deserving of whom you give charity." He said, "Yes, your husband and your child are the most deserving of whom you give charity."
The questioner : But he says, this is what confused him, he says this is not zakah, this is
The Shaykh : general. Also, we have something important: read the verse of zakah[At-Tawbah 9:60] to the end. We cannot exclude anything from it except with evidence. For example, if the husband is poor and the wife is wealthy and she has zakah, is he included under the name of "parents"? Must she spend on him so that we say she gives him the zakah to save her money?
No, but if she is poor and the husband is wealthy, and she is poor and needs food, drink, and clothing, and he says, "I will give her from my zakah," why? Because it is obligatory for him to spend on her, so if he gives her from his zakah, he saves his money. Therefore, if the wife has a debt, it is permissible for him to pay it off from his zakah, and she is his wife. Or, for example, if a man has a father who has a debt, and the son is wealthy and spends on his father, and he did not find a decrease in the father's spending, but the father has a previous debt, and the son wants to pay off his father's debt from his zakah, it is permissible, because it is not obligatory for him to pay off his father's debt. So if he pays it off, he has not saved his money. So you take this general verse[At-Tawbah 9:60], and any individual case from the general that is excluded must have evidence for it. The People of the House (Ahl al-Bayt) have evidence: "Charity is not permissible for the People of Muhammad." This is excluded from the general. Clear? Good.
The Shaykh : It is well known that if the wife is wealthy.
The questioner : And it is upon her.
The Shaykh : If she is wealthy and her husband is poor.
The questioner : To spend on him.
The Shaykh : It is obligatory upon him.
The questioner : What is this?
The Shaykh : Because he is an heir; a wife inherits, and Allah the Exalted said:
And upon the [father's] heir is [a duty] like that [of the father].
وَعَلَى الْوَارِثِ مِثْلُ ذَٰلِكَThe questioner : Because the premise is not correct.
The Shaykh : Yes, but this is according to the opinion of Ibn Hazm. However, the one who came with this is the truth. But Ibn Hazm, due to his apparentism, says that if the wife is wealthy and the husband is poor, it is obligatory for her to spend on him. The correct view is that it is not obligatory for him, but if she has zakah, she gives him from her zakah. Yes, this is the stronger position. For this reason, when the Prophet (peace and blessings be upon him) commanded giving charity, his wife came to him with 'Abdullah ibn Mas'ud and said, "O Messenger of Allah, 'Abdullah ibn Mas'ud claims that he and his child are the most deserving of whom you give charity." He said, "Yes, your husband and your child are the most deserving of whom you give charity."
The questioner : But he says, this is what confused him, he says this is not zakah, this is
The Shaykh : general. Also, we have something important: read the verse of zakah
Zakah expenditures are only for the poor and for the needy and for those employed to collect [zakah]
إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَاNo, but if she is poor and the husband is wealthy, and she is poor and needs food, drink, and clothing, and he says, "I will give her from my zakah," why? Because it is obligatory for him to spend on her, so if he gives her from his zakah, he saves his money. Therefore, if the wife has a debt, it is permissible for him to pay it off from his zakah, and she is his wife. Or, for example, if a man has a father who has a debt, and the son is wealthy and spends on his father, and he did not find a decrease in the father's spending, but the father has a previous debt, and the son wants to pay off his father's debt from his zakah, it is permissible, because it is not obligatory for him to pay off his father's debt. So if he pays it off, he has not saved his money. So you take this general verse
Zakah expenditures are only for the poor
إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2701 - الزوجة إن كان فقيرا فهل لها أن تؤدي زكاتها إلى زوجها؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
