Does the husband owe the Zakat al-Fitr for his wife if she is in a state of 'nushuz' (disobedience) at the time the obligation becomes due?

Chapter on Zakat al-Fitr

Al-Mughni

Book of Zakat

Book 8 · Issue 9 · Bab 8

Open in Qurani

Primary text

If the wife is in a state of 'nushuz' at the time of obligation, her Zakat al-Fitr is due from herself, not from her husband, because her maintenance obligation is not incumbent upon him. This is the sounder view because she is someone whose support is not mandatory upon him, thus his obligation for her Fitr ceases, like a non-related woman. This differs from a sick woman for whom maintenance is not required due to lack of need, not a defect in the premise requiring maintenance; thus, her status as a dependent remains.

Supporting text

Abu al-Khattab preferred the view that the husband owes the Fitr because the marriage bond remains established, thus mandating her Fitr, similar to a sick woman who needs no maintenance.