Zakaat Al-fitr On Behalf Of A Wife Who Has Been Given A Revocable Divorce (First Or Second Talaaq)
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
There is a
woman whose husband has divorced her once. Does he
have to pay zakaat al-fitr on her behalf?
Praise be to Allaah.
Zakaat al-fitr is required from a man on his own
behalf and on behalf of those on whom he is obliged to
spend, such as his wife, child and so on, because of
the report narrated by al-Daaraqutni and al-Bayhaqi
from Ibn 'Umar (may Allaah be pleased with him), that
the Prophet SAWS (Peace And Blessings Of Allaah Be
Upon Him) said: "Pay zakaat al-fitr on behalf of those
whom you support." But this is a da'eef (weak) hadeeth,
which was classed as such by al-Daaraqutni, al-Bayhaqi,
al-Nawawi, Ibn Hajar and others.
See: al-Majmoo' (6/113) and Talkhees al-Habeer
The scholars of the Standing Committee for Issuing
Fatwas said: Zakaah al-fitr must be paid on behalf of
oneself and everyone on whom one is obliged to spend,
including one's wife, because he is obliged to spend
on her. End quote.
Fataawa al-Lajnah al-Daa'imah li'l-Ifta (9/367).
If a woman has been given a revocable divorce, then
she comes under the same rulings as a wife; she is
entitled to the same maintenance and accommodation, so
long as her 'iddah has not yet ended. Payment of
zakaat al-fitr is connected to spending; so long as
the husband is obliged to spend on the wife who has
been given a revocable divorce, then he also has to
pay zakaat al-fitr on her behalf.
Al-Nawawi said in al-Majmoo' (6/74): Our companions
said: He has to pay zakaat al-fitr on behalf of his
revocably divorced wife just as he has to spend on
her. End quote.
Ibn Yoosuf al-Mawaaq, who is one of the Maalikis, said
in al-Taaj wa'l-Ikleel (3/265): If he divorces a wife
with whom he has consummated the marriage, giving her
a revocable divorce, then he is obliged to spend on
her and give zakaat al-fitr on her behalf. End quote.
Some scholars are of the view that the husband does
not have to give zakaat al-fitr on behalf of his wife,
rather it a duty that she must fulfil herself. This is
the view of Imam Abu Haneefah (may Allaah have mercy
on him) and was favoured by Shaykh Ibn 'Uthaymeen. See
the answer to question no. 99353.
The husband should do that which is on the safe side
and discharge his duty by paying zakaat al-fitr on
behalf of the wife to whom he has given a revocable
divorce, especially as zakaat al-fitr is a small
amount and it is not usually difficult for the husband
to pay it.
And Allaah knows best.