What Is the Ruling If the Husband Pays Zakat for His Wife from a Mixed Wealth?

Answered by Mawlana Ilyas Patel

Question

I have read on an Islamic website that you shouldn’t take more than what’s permissible due to doubts as to whether it’s haram or not. His heirs must get rid of the riba-based money by returning it to owners or otherwise giving it to charity. Even says somewhere don’t use it to get food for yourself and others. And it is mustahab not to take it because of doubt, and if the haram wealth is dominant, then it’s not lawful for kids to use it.

In light of the above, please guide how it would still be valid if the husband pays Zakat for his wife on gold from his mixed wealth (halal haram mixed). Doesn’t this come under the heading of taking more than permissible since she could’ve paid from the gold?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

It will not come under taking more than what is permissible. You can assume the Zakat money has been paid from the halal portion of his wealth. However, if you like to exercise caution and would be fine to give from your actual gold, then this is your mindfulness and godfearingness.

If a husband’s wealth is dominantly earned through impermissible and haram, it will be allowed for the wife and children to consume and spend from it. The sin will be on the husband. As for being mindful (taqwa), then one can practice, especially if one has other means to do so. [Ibn ‘Abidin, Radd al-Muhtar]

Related: Spending Haram Wealth.

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.

َArabic Reference:

”وفي جامع الجوامع: اشترى الزوج طعاما أو كسوة من مال خبيث جاز للمرأة أكله ولبسها والاثم على الزوج.“ [حاشية ابن عابدين، ج٦/ص٤٩٠]