The condition for giving Zakat Al-Fitr on behalf of the wife

01/08/2010| IslamWeb

Question 

For a person who concluded his marital contract but did not consummate marriage yet, is he required to give Zakat Al-Fitr (post Ramadan obligatory charity) on behalf of his wife? Thank you!

Fatwa

All perfect praise be to Allah, the Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His Slave and Messenger.

If you mean that such a person has concluded his marital contract but has not consummated marriage yet, he would not be required to give Zakat Al-Fitr on behalf of his wife. However, if she permitted him to consummate marriage with her and invited him to that but he did not do so, in such a case he is required to provide for her and give Zakat Al-Fitr on her behalf.

The following is stated by Imaam Maalik “Each person who has a daughter is required to give Zakat Al-Fitr on her behalf until she gets married. If she gets married, he will not be responsible for her.” For Maalik  marriage means the consummation of marriage. When the husband is invited to consummate marriage and he declines, he is required to provide for his wife, and if he is required to provide for her, Zakat Al-Fitr will be included and the husband will be responsible for it as Maalik added.

If the husband is not required to give Zakat Al-Fitr on behalf of his wife, it is permissible for him to voluntarily do that if she permits him.

Nevertheless, it is preferable that she asks for the permission of her father, the one who is obliged to provide for her, to allow her husband to pay it on her behalf to avoid the scholars' difference of opinion regarding this issue. However, as stated by An-Nawawi the sound opinion is that his (the father’s) permission is not needed, and the Zakah is valid in this case.

And Allah Knows best.