Paying zakaat on behalf of one's wife

Q: I gave around 120 grams of gold when I got married to my wife as mahr 5 years back. She wears it 4-5 times a year at weddings. She is a house wife with no income to pay zakaat so I am paying zakaat on her behalf. My questions are:

1. If gold is given as mahr, do we have to pay zakaat over it?

2. As I pay zakaat on her assets due to her having no income, if my wife decides to sell her jewellery, can I ask her to return the amount I paid as her zakaat over the years? 

A:

1. Yes, zakaat is compulsory upon the gold jewellery which you gave as mahr. Since she is the owner of it, the obligation of zakaat is upon her. However, if you discharge her zakaat with her permission, the zakaat will be discharged.

2. Since you did not pay it on her behalf as a loan, it is not permissible for you to take back the money you paid as zakaat on her behalf. However, you will be greatly rewarded for discharging her zakaat.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)