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| can a wife give her Zakat to her husband to clear his debts? and on Banu Hashim |
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Questoin:
Assalamu Alaikum, Can a wealthy woman pay zakat
to her indebted husband to get him out of debt? These debts were accrued before
their marriage and are not related to his responsabilites towards her. I have
had both answers yes and no. I follow the Hanafi fiqh but would like to know
all fiqhi opinions on this matter. I have read from an Islamic Foundation book
that says she can, but it did not give references. I am of the understanding
that this opinion is based on the fact that a wife is not responsible for her
husband. The other way around is definitely not possible, as he is already
responsible for her costs and cannot count it as Zakat. Also, what if the
husband is Syed. Does this make a difference, or does the eradication of debt,
or the helping of relatives, over-ride the ruling on not giving to Syeds. I
read your fatawa on this but I do not know if he is Banu Hashim, Banu Muttalib
or any other Syed, this I will have to research. I look forward to a full
answer to my questions, jazakAllak Khairan Wassalam Answer:
As'salaam wa'alaikum wa rahmatullah (May
the peace and mercy of Allah be with you),
Both Abu Hanifa and Imam Ahmed do not
agree for a wife to give zakat to her husband because she will be the beneficiary from this as he will be either directly or indirectly spending upon her.
The other 2 imams, imam Shaf’ee and imam Maalik deemed her giving zakat to her husband and children as acceptable based uopn the hadith of zay’nab wife of ibn mas’ood where the prophet said, ‘your husband and your sons have more right on your charity than others’ – because spending wealth upon husband and children is not obligatory upon the wife nor the mother.
Also from those who are not entitled to Zakat are Banu Hashim because Zakat is the dirt of people given for purification and Prophet of Allah made it clear in the hadith narrated by Abdul Mutlib bin Rabee'a "Verily these charities are dirt of people and it is not permissible for Muhammed (peace be upon him) nor the family of Muhammed (peace be upon him). Reported by Muslim
As for giving Zakat to Banu Hashim, this was the stance of Kirakhi from Hanafi school of thought and Imam Ahmed and Imam Shaf'ee based upon the hadith;
Narrated by Jubair bin Mut'im the Prophet of Allah said "Verily Bani Hashim and Bani Mutalib are one thing just like tangling of two fingers" Reported by Bukhari
This also includes;
Also family of Abbas, family of Ali, family of Ja'far, family of Aqeel bin Abi Taalib and family of Haarith bin Abdil Mutalib
So in conclusion we can say that it is
permissible aslong as she does not get any direct or indirect benefit from
paying the zakat to her husband. |
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