A man has gold belonging to his wife for use, and a lunar year has passed over it, but he has debts greater than the value of this gold. Does he pay zakah on this gold, or does he pay off the debts?
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The questioner : A man has gold belonging to his wife for use, and a lunar year has passed over this gold, and the time for paying its zakah has arrived. At the same time, this man has a debt, and the amount of this debt is greater than the value of the gold that is with his wife. So the question is: in this case, does he pay the zakah first and then pay off the debt, or does he pay off the loan he owes and then pay the zakah? Please give us a ruling, may Allah reward you.
The Shaykh : He is not obligated to pay the zakah on the jewelry that belongs to his wife; rather, it is her obligation because she is its owner. Accordingly, it is obligatory for him to pay off his debt, and his wife is the one responsible for paying the zakah on her jewelry. If she has money from which to pay the zakah, that is what is required. If she does not have that, she must sell some of the jewelry in order to pay the zakah.
The Shaykh : He is not obligated to pay the zakah on the jewelry that belongs to his wife; rather, it is her obligation because she is its owner. Accordingly, it is obligatory for him to pay off his debt, and his wife is the one responsible for paying the zakah on her jewelry. If she has money from which to pay the zakah, that is what is required. If she does not have that, she must sell some of the jewelry in order to pay the zakah.