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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on a man who has passed ten years without paying the zakah on his wife's jewelry, and is it permissible for a woman to give her husband from the zakah of her jewelry because he is poor?

Machine translationRead the Arabic original
The questioner : May Allah reward you with good. A questioner says: More than ten years have passed for me.

The Shaykh : From what? From ten years.

The questioner : From ten years.

The Shaykh : Even if you said ten years, oh

The questioner : Ten years.

The Shaykh : Yes, that is correct.

The questioner : He did not pay the zakah on a woman's gold.

The Shaykh :
And they remained in their cave for three hundred years ولبثوا في كهفهم ثلثمائة سنين
[Al-Kahf 18:25]
The questioner :
And they increased by nine وازدادوا تسعا
.

The Shaykh : Nine or nine?
And they increased وازدادوا
?

The questioner : Nine.

The Shaykh : Meaning, nine years. And the rule is that when a number is added, it disagrees with the counted noun from three to ten. Yes.
This man says that ten years have passed for him and he did not pay the zakah on his wife's jewelry.
The answer to this is: It is not obligatory for the man to pay the zakah on his wife's jewelry. Rather, the zakah is obligatory on whom? On the woman herself. However, we say that if she did not know of this opinion, which is the opinion of obligation, until this year, then there is no zakah on her for what has passed. She only begins the zakah from the time of her knowledge, because the issue is one of scholarly disagreement, and many people grew up believing that there is no zakah in jewelry. On this basis, there is no zakah on her for what has passed, and she only pays zakah in the future.
And here is a question: What if the woman has no money and she has nothing but this jewelry? And her husband paid the zakah for her with her permission, what is the ruling? It is permissible and there is no harm in it. Likewise, if her husband is poor and she has nothing but this jewelry, we say: She sells to him and pays the zakah, because that which is necessary for the completion of an obligatory act is itself obligatory.
Now, if she wants to pay the zakah and her husband is poor, is it permissible for her to give her husband her zakah?
The answer: The correct view is yes. The stronger opinion among the scholars' views is that it is permissible, due to the saying of the Prophet (peace and blessings be upon him) when Zaynab, the wife of 'Abdullah ibn Mas'ud, asked him, and 'Abdullah said to her: Your husband and your child are the most deserving of those you give charity to. The Prophet (peace and blessings be upon him) said:
You spoke the truth صدق
. Yes.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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