He does not fast, does not pray, and refuses to pay the zakat al-fitr on behalf of his wife; should she divorce him?
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Question:
May Allah reward you with good. She says about that husband that he does not pray and does not fast, and when I ask him to pay the zakat for my sake, he refuses. I do not work, and my husband is the one who provides for me. So, is zakat obligatory on me in this case? And what should I do? Please guide us. May Allah reward you with good.
Answer:
The problem is that if he does not pray and is of sound mind, then it is not permissible for you to remain with him; because if he abandons the prayer intentionally and persists in it while being of sound mind, he becomes a disbeliever, and a Muslim woman is not permitted to remain with a disbeliever. However, if he is mentally disturbed and did not abandon the prayer intentionally, but rather due to the defect in his mind that afflicted him, then he is not accountable in this case. Wait until Allah cures him of this illness. As for the issue of zakat, if you have wealth belonging to you upon which a lunar year has passed, then you are required to pay zakat from it. But if you do not have any wealth belonging to you, then there is no zakat on you. The wealth of a husband in this condition does not have zakat paid from it, because he does not have a sound mind. He abandoned zakat because he is not of sound mind, afflicted in his mind as you mentioned, and he does not pray because he is not of sound mind. Excellent. So his guardian should proceed to the court to appoint a guardian over his wealth and his affairs, so that the zakat is paid on his behalf from his wealth. Yes.
May Allah reward you with good. She says about that husband that he does not pray and does not fast, and when I ask him to pay the zakat for my sake, he refuses. I do not work, and my husband is the one who provides for me. So, is zakat obligatory on me in this case? And what should I do? Please guide us. May Allah reward you with good.
Answer:
The problem is that if he does not pray and is of sound mind, then it is not permissible for you to remain with him; because if he abandons the prayer intentionally and persists in it while being of sound mind, he becomes a disbeliever, and a Muslim woman is not permitted to remain with a disbeliever. However, if he is mentally disturbed and did not abandon the prayer intentionally, but rather due to the defect in his mind that afflicted him, then he is not accountable in this case. Wait until Allah cures him of this illness. As for the issue of zakat, if you have wealth belonging to you upon which a lunar year has passed, then you are required to pay zakat from it. But if you do not have any wealth belonging to you, then there is no zakat on you. The wealth of a husband in this condition does not have zakat paid from it, because he does not have a sound mind. He abandoned zakat because he is not of sound mind, afflicted in his mind as you mentioned, and he does not pray because he is not of sound mind. Excellent. So his guardian should proceed to the court to appoint a guardian over his wealth and his affairs, so that the zakat is paid on his behalf from his wealth. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 4747- لا يصوم ولا يصلي ويرفض دفع زكاة الفطر عن زوجته، فهل تفارقه؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
